1. (a) If the Cleanup Oversight Agency determines that further corrective action is necessary, a responsible party must submit to the Cleanup Oversight Agency a Corrective Action Plan based on the data collected during the Soil and Water Investigation Phase. The Corrective Action Plan must consist of those corrective actions determined to be cost-effective while causing the smallest environmental footprint practicable.
2. (b) The Cleanup Oversight Agency must concur with, or direct changes to, the Corrective Action Plan, and upload the concurrence or directive to GeoTracker, within 60 days of its submittal. The Cleanup Oversight Agency must concur with the Corrective Action Plan if the Cleanup Oversight Agency determines that implementation of the Corrective Action Plan will adequately protect human health, safety, and the environment and will restore or protect current or potential beneficial uses of water.
3. (c) If directed by the Cleanup Oversight Agency to modify the Corrective Action Plan, a responsible party must submit a modified Corrective Action Plan to the Cleanup Oversight Agency before implementing the workplan.

4. (d) A Corrective Action Plan must be designed to achieve closure consistent with 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 and include all the following:

   1. (1) An assessment of the impacts, including, but not limited to;

      1. (A) The physical and chemical characteristics of the hazardous substance or its constituents, including their toxicity, persistence, and potential for migration in water, soil, and soil vapor;
      2. (B) The hydrogeologic characteristics of the site and the surrounding area where the unauthorized release has migrated or may migrate;
      3. (C) The proximity and quality of nearby surface water or groundwater, and the current and potential beneficial uses of these waters; and
      4. (D) The potential effects of residual contamination on nearby surface water and groundwater.

   2. (2) A feasibility study that evaluates the alternatives for remedying or mitigating the actual or potential adverse effects of the unauthorized release. Each alternative must be evaluated for cost-effectiveness and the relative size of its environmental footprint and be designed to mitigate nuisance conditions and risk of fire or explosion. A responsible party must propose to implement the most cost-effective corrective action that has the smallest environmental footprint practicable and still achieves the remedial objectives; and

      1. (A) For sites where the unauthorized release affects or threatens waters with current or potential beneficial uses designated in water quality control plans, the feasibility study must identify and evaluate at least two feasible alternatives to the proposed approach for restoring or protecting these beneficial uses;
      2. (B) For sites where the unauthorized release affects or threatens waters with no current or potential beneficial uses designated in water quality control plans, the feasibility study must identify and evaluate at least one feasible alternative to the proposed approach to mitigate nuisance conditions and risk of fire or explosion.

   3. (3) Applicable cleanup levels for ground or surface waters affected or threatened by the unauthorized release, in compliance with the requirements of section 2710(a) and the following:

      1. (A) For waters with current or potential beneficial uses for which numerical objectives have been designated in water quality control plans, the responsible party must propose at least two alternatives to the proposed approach to achieve these numerical objectives;
      2. (B) For waters with current or potential beneficial uses for which no numerical objectives have been designated in water quality control plans, the responsible party must recommend target cleanup levels for long-term corrective actions to the Cleanup Oversight Agency for concurrence. Target cleanup levels must be based on the impact assessment prepared in accordance with paragraph (1).

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; and 40 CFR Section 280.66.

History

1. Amendment 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 section filed 4-5-94; operative 5-5-94 (Register 94, No. 14).

4. Amendment of subsections (a), (b), (d) and (e) and amendment of Note 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).