ARTICLE 3. Referral of Site to Department by State or Regional Board [78900. - 78910.]

Cal. Health and Safety Code - HSC 3.

in effect

Cal. Health and Safety Code - HSC § 78900. Section 78900.

The state board or a regional board that has jurisdiction over a hazardous substance release site pursuant to Division 7 (commencing with Section 13000) of the Water Code may refer the site to the department as a candidate for listing pursuant to Article 5 (commencing with Section 78760) of Chapter 4. After determining that the site meets the criteria adopted pursuant to Section 78765, the department may place the site on the list of sites subject to this part and establish its priority ranking pursuant to Article 5 (commencing with Section 78760) of Chapter 4.

Cal. Health and Safety Code - HSC § 78905. Section 78905.

If a hazardous substance release site is referred to the department and is listed pursuant to Section 78900, the department may expend money from the state account for removal or remedial action at the site, upon appropriation by the Legislature, without first issuing an order or entering into an agreement pursuant to paragraph (1) of subdivision (a) of Section 79055, if all of the following apply: (a) The state board or a regional board has issued either a cease and desist order pursuant to Section 13301 of the Water Code or a cleanup and abatement order pursuant to Section 13304 of the Water Code to the potentially responsible party for the site. (b) The state board or the regional board has made a final finding that the potentially responsible party has not complied with the order issued pursuant to subdivision (a). (c) The state board or the regional board has notified the potentially responsible party of the determination made pursuant to subdivision (b) and that the hazardous substance release site has been referred to the department pursuant to Section 78900.

Cal. Health and Safety Code - HSC § 78910. Section 78910.

(a) If a hazardous substance release site is referred to the department pursuant to Section 78900, and the department makes either of the following determinations, the department shall notify the appropriate regional board and the state board: (1) The department determines that the site does not meet the criteria established pursuant to Section 78765 and the site cannot be placed, pursuant to Article 5 (commencing with Section 78760) of Chapter 4, on the list of sites subject to this part. (2) The department determines that a removal or remedial action at the site will not commence for a period of one year from the date of listing due to a lack of funds or the low priority of the site. (b) If a regional board or the state board receives a notice pursuant to subdivision (a), the regional board or state board may take any further action concerning the hazardous substance release site that the regional board or state board determines to be necessary or feasible, and that is authorized by this part or Division 7 (commencing with Section 13000) of the Water Code.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026