1. (a) The closure preparation phase includes those activities that a responsible party and the Cleanup Oversight Agency must complete after the Cleanup Oversight Agency notifies a responsible party that the underground storage tank release case is eligible for closure and before the Cleanup Oversight Agency issues a closure letter pursuant to section 25296.10 of the Health and Safety Code.
2. (b) The Cleanup Oversight Agency must complete a minimum 60-day public notification and participation process by providing notice of the proposed case closure and the opportunity to comment to municipal and county water districts, water replenishment districts, special act districts with groundwater management authority, agencies with authority to issue building permits for land affected by the release, occupants of property impacted by the release, and the owners and occupants of all parcels adjacent to the impacted property, in addition to all current record owners of the site pursuant to section 25296.20 of the Health and Safety Code.
3. (c) Within 60 days of completion of the public participation process set forth in subdivision (b), the Cleanup Oversight Agency must notify a responsible party if a site is still eligible for closure, or if further corrective action is required.

4. (d) A responsible party for a site, who has been notified pursuant to subdivision (c) that the site remains eligible for closure, must do all the following:

   1. (1) Properly destroy all groundwater monitoring wells, remediation wells, recovery wells, vapor wells, borings, and excavations associated with corrective action at the site in accordance with applicable state and local regulations, unless a property owner or another responsible party certifies that the wells or borings will be kept and maintained in accordance with applicable local or state requirements.
   2. (2) Properly dispose of or recycle all facilities, hardware, and wastes related to corrective action at the site pursuant to applicable state and local regulations.
   3. (3) If a land use covenant is a necessary condition to meet closure criteria, properly attach and record any necessary conditions or restrictions on the title to the property.
   4. (4) Submit a report to the Cleanup Oversight Agency that certifies a responsible party's compliance with paragraphs (1) through (3).

Note: Authority cited: Sections 25299.3 and 25299.7, Health and Safety Code. Reference: Sections 25296.10, 25296.20, 25296.35 and 25297.15, Health and Safety Code; and 40 CFR Section 280.67.

History

1. New article 10.5 (sections 2717-2717.7) and section filed 5-13-2004; operative 6-12-2004 (Register 2004, No. 20).

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