1. (a) A responsible party must take corrective action in compliance with the following requirements:

   1. (1) All applicable waste discharge requirements or other orders issued pursuant to division 7, commencing with section 13000, of the Water Code;
   2. (2) All applicable state policies for water quality control adopted pursuant to article 3 (commencing with section 13140) of chapter 3 of division 7 of the Water Code;
   3. (3) All applicable water quality control plans adopted pursuant to article 3 (commencing with section 13240) of chapter 4 of division 7 of the Water Code;
   4. (4) All applicable requirements of chapter 6.7 (commencing with section 25280) of the Health and Safety Code and the regulations promulgated thereto; and
   5. (5) All applicable requirements of the Federal act.

2. (b) Corrective action includes one or more of the following phases:

   1. (1) Preliminary Site Assessment Phase;
   2. (2) Soil and Water Investigation Phase;
   3. (3) Corrective Action Plan Development Phase;
   4. (4) Corrective Action Plan Implementation Phase;
   5. (5) Verification Monitoring Phase; and
   6. (6) Closure Preparation Phase.

3. (c) A responsible party must take or contract for interim remedial actions, as necessary to abate imminent threats to human health or the environment from an unauthorized release. Before taking interim remedial action, a responsible party must notify the Cleanup Oversight Agency of the proposed action and must comply with any requirements that are established by the Cleanup Oversight Agency. Interim remedial actions can occur concurrently with the Preliminary Site Assessment Phase, the Soil and Water Investigation Phase, and the Corrective Action Plan Development Phase. Interim remedial actions include, but are not limited to, the following:

   1. (1) Removal of free product;
   2. (2) Enhanced biodegradation to promote bacterial decomposition of contaminants;
   3. (3) Excavation and disposal of contaminated soil;
   4. (4) Excavation and treatment of contaminated soil;
   5. (5) Vacuum extraction of contaminants from soil or groundwater; and
   6. (6) Pumping and treatment of groundwater to remove dissolved contaminants.

4. (d) A responsible party must submit a workplan to the Cleanup Oversight Agency under each of the following conditions:

   1. (1) For proposed activities during the Preliminary Site Assessment Phase; and
   2. (2) Before initiating any work in accordance with this article.
5. (e) The workplan must include the proposed actions and a proposed schedule for completion. If directed by the Cleanup Oversight Agency to modify the workplan, a responsible party must submit a modified workplan to the Cleanup Oversight Agency before implementing the workplan.

6. (f) In the interest of minimizing environmental contamination and promoting prompt cleanup, a responsible party may begin implementation of the workplan 60 days after submitting the workplan to the Cleanup Oversight Agency and before it has received Cleanup Oversight Agency concurrence, unless the responsible party is directed in writing by the Cleanup Oversight Agency to modify the workplan. Before beginning these activities, the responsible party must:

   1. (1) Notify the Cleanup Oversight Agency of the intent to initiate the proposed actions included in the workplan submitted; and
   2. (2) Comply with any conditions set by the Cleanup Oversight Agency, including mitigation of adverse consequences from cleanup activities.

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25296.10, 25296.15 and 25296.35, Health and Safety Code; Section 13267, Water Code; and 40 CFR Sections 280.60, 280.61, 280.62, 280.63, 280.64, 280.65 and 280.66.

History

1. Amendment of article and section headings and text filed 8-9-91 as an emergency; operative 8-9-91. Text remains in effect uninterrupted pursuant to Health and Safety Code section 25299.7 (Register 92, No. 14).

2. Editorial correction of printing errors in History 1 (Register 92, No. 43).

3. Amendment of article heading and section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).

4. Amendment of article heading filed 10-13-2016; operative 1-1-2017 (Register 2016, No. 42).

5. Repealer and new section heading and section filed 10-28-2025; operative 1-1-2026 (Register 2025, No. 44).