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SB-633 Toxic substances: cleanup standards.(2019-2020)

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Date Published: 09/07/2019 04:00 AM
SB633:v98#DOCUMENT

Amended  IN  Assembly  September 06, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 633


Introduced by Senator Stern
(Principal coauthors: Assembly Members Gabriel and Smith)

February 22, 2019


An act to amend the heading of Article 5.5 (commencing with Section 25359.20) of Chapter 6.8 of Division 20 of, and to add Section 25359.21 to, add Chapter 7 (commencing with Section 25560) to Division 20 of the Health and Safety Code, relating to hazardous materials. toxic substances.


LEGISLATIVE COUNSEL'S DIGEST


SB 633, as amended, Stern. Santa Susana Field Laboratory: monitoring program. Toxic substances: cleanup standards.
Under existing law, the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste, and other toxic substances.
This bill would require that any cleanup standards finalized on and after January 1, 2020, by the department for a site contaminated with any material over which the department has jurisdiction to be, at a minimum, protective of reasonably foreseeable land uses of the site, as provided. The bill would require the department, in finalizing cleanup standards for a contaminated site, to consider, among other factors, the history of, and potential for, future migration of contamination offsite or to groundwater or surface water.

Existing law authorizes the Department of Toxic Substances Control to compel a responsible party or parties to take or pay for appropriate removal or remediation action, as prescribed, necessary to protect public health and safety and the environment at the Santa Susana Field Laboratory site in the County Ventura. Existing law prohibits the sale, lease, sublease, or other transfer of any land presently or formerly occupied by the Santa Susana Field Laboratory unless the Director of Toxic Substances Control certifies that the land has undergone complete remediation pursuant to specified protective standards.

This bill would require the Office of Environmental Health Hazard Assessment, on or before July 1, 2020, in coordination with specified entities, to develop and implement a monitoring program to collect data on contaminants from the Santa Susana Field Laboratory that could migrate to and pollute surrounding areas.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 7 (commencing with Section 25560) is added to Division 20 of the Health and Safety Code, to read:
CHAPTER  7. Cleanup Standards

25560.
 For purposes of this chapter, the following definitions apply:
(a) “Contaminated site” means a site contaminated with any material over which the department has jurisdiction.
(b) “Department” means the Department of Toxic Substances Control.

25561.
 (a) Any cleanup standards finalized by the department on and after January 1, 2020, for a contaminated site shall be, at a minimum, protective of reasonably foreseeable land uses of the site, as determined by all the uses allowed under the applicable zoning and general plan land use designations.
(b) In finalizing cleanup standards for a contaminated site, the department shall consider both of the following:
(1) The history of, and potential for, future migration of contamination offsite or to groundwater or surface water.
(2) Current and anticipated future uses of land in the vicinity of the site.
(c) In finalizing cleanup standards for a contaminated site, the department is not required to consider institutional controls on the site, unless the department consents to the institutional controls.

SECTION 1.The heading of Article 5.5 (commencing with Section 25359.20) of Chapter 6.8 of Division 20 of the Health and Safety Code is amended to read:
5.5.Santa Susana Field Laboratory
SEC. 2.Section 25359.21 is added to the Health and Safety Code, to read:
25359.21.

On or before July 1 2020, the Office of Environmental Health Hazard Assessment, in coordination with the State Water Resources Control Board, relevant regional water boards, the South Coast Air Quality Management District, and the department, shall develop and implement a monitoring program to collect data on contaminants from the Santa Susana Field Laboratory that could migrate to and pollute surrounding areas.