25395.63. The definitions set forth in this article and in Article 6 (commencing with Section 25395.90) shall govern the interpretation of this chapter. If a term is not otherwise defined in this chapter, the definition contained in Chapter 6.8 (commencing with Section 25300) shall apply to that term. (Added by Stats. 2004, Ch. 705, Sec. […]
25395.64. “Agency” means the department, the board, or a regional board. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
25395.65. “All appropriate inquiries” has the following meanings: (a) Except as provided in subdivision (c), until the date when the standards and practices established by the Administrator of the United States Environmental Protection Agency pursuant to Section 101(35)(B)(ii) of the federal act (42 U.S.C. Sec. 9601(35)(B)(ii)) are adopted and take effect, “all appropriate inquiries” means: (1) For […]
25395.66. “Applicable law” means all of the provisions of the following state statutory and common laws that impose liability on an owner or occupant of property for pollution conditions caused by a release or threatened release of hazardous material on, under, or adjacent to the property: (a) Title 1 (commencing with Section 3479) of, Title 2 […]
25395.67. “Appropriate care” means either of the following: (a) The performance of a response action, with respect to hazardous materials found at a site, for which the agency makes the determination specified in paragraph (1) of subdivision (c) of Section 25395.96 and that meets all of the following conditions: (1) The response action is determined by an […]
25395.68. “Board” means the State Water Resources Control Board. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
25395.69. (a) “Bona fide purchaser” means a person, or a tenant of a person, who acquires ownership of a site on or after January 1, 2005, and who establishes all of the following by a preponderance of the evidence: (1) All releases of the hazardous materials at issue at the site occurred before the person acquired the […]
25395.70. (a) “Contiguous property owner” means a person who owns a site that is adjacent to or otherwise similarly situated with respect to another site that is, or may be, contaminated by a release or threatened release of a hazardous material and that is not owned by that person, and who demonstrates, by a preponderance of […]
25395.71. “Department” means the Department of Toxic Substances Control. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
25395.72. “Endangerment” means a condition that poses an actual and unreasonable risk to human health and safety arising from actual or threatened exposure to hazardous materials. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section […]
25395.73. “Fair market value” means the price a seller is willing to accept and a buyer willing to pay on the open market and in an arm’s length transaction. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as […]
25395.74. “Hazardous material” has the same meaning as defined in subdivision (d) of Section 25260. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
25395.75. (a) “Innocent landowner” means a person who owns a site, did not cause or contribute to a release or threatened release at the site, meets the conditions to qualify as an “innocent landowner” specified in Section 25395.80, and is any one of the following: (1) A person who, at the time the person acquired the property, […]
25395.76. “Land use control” means a recorded instrument executed pursuant to Section 1471 of the Civil Code that restricts or imposes obligations on the present or future uses or activities on a site, including, but not limited to, recorded easements, covenants, restrictions or servitudes, or any combination thereof. (Added by Stats. 2004, Ch. 705, Sec. […]
25395.77. “Passive migration” means the leaking, leaching or movement of a hazardous material into or through the environment, for which no human activity by the bona fide purchaser, innocent landowner, or contiguous property owner preceded the initial entry of that substance into the environment. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, […]
25395.78. “Regional board” means a California regional water quality control board. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
25395.79. “Release” has the same meaning as defined in Section 25320. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Superseded on January 1, 2024; see amendment by Stats. 2022, Ch. 258. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
25395.79.1. “Response plan” means a written plan submitted to an agency pursuant to Section 25395.96. (Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2027, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.)
25395.79.2. (a) “Site” means real property located in an urban infill area for which the expansion, redevelopment, or reuse may be complicated by the presence or perceived presence of hazardous materials. (b) “Site” does not include any of the following: (1) A facility that is listed or proposed for listing on the National Priorities List established under Section […]
