25398-25398.15
HEALTH AND SAFETY CODE
SECTION 25398-25398.15
25398. (a) The department shall serve as the lead agency for implementing this chapter and shall act as the oversight agency for purposes of all response actions taken pursuant to this chapter. (b) After a site has been selected for response action under this chapter, and prior to holding the conference specified in Section 25398.2, the department shall, after necessary investigation, including a title search of the site, if appropriate, notify appropriate state and local agencies and all known potentially responsible persons for that site of all of the following: (1) The names and addresses of all potentially responsible persons who the department has identified at the site, and the factual and statutory basis for that identification. (2) That the site has been selected for response action under this chapter, that the potentially responsible person's rights and liabilities with respect to the site will be determined under this chapter, and that the potentially responsible person will be bound by that determination. (3) A description of the known extent and type of hazardous substance that has been released or is threatened to be released on, at, or from the site. (4) The date, time, and place for the conference specified in Section 25398.2. (c) After the notice provided for in subdivision (b) has been issued, the department shall notify any additional persons who have been subsequently identified by the department as potentially responsible persons, of the selection of the site under this chapter. This notification shall include all the information specified in subdivision (b) except that the date, time, and place of the conference specified in Section 25398.2 need not be included if that conference has already taken place. The department shall also send such notifications to the other potentially responsible parties who have already been identified. (d) (1) The department shall notify the city or county in which any site is located that a response action has been initiated pursuant to this chapter. The department shall provide the city or county with notice of the time, date, and place of all public hearings and meetings regarding the response action, shall provide the city or county with regular response action progress reports, and shall involve the city or county in any deliberation concerning land use controls or actions proposed pursuant to subdivision (c) of Section 25398.7. The department shall request the city or county to provide the department with the city's or county's assessment of the planned use of the site, including the current and future zoning and general plan designations for the site and the city's or county's determination as to the appropriate planned use designation in the remedial action plan prepared for the site. The city's or county's determination as to the appropriate planned use designation shall be presumed by the department to be the appropriate planned use for the site. In any action or proceeding to attack, set aside, void, or annul a determination of the appropriate planned use by the city or county pursuant to this section, there shall be a rebuttable presumption of the validity of the determination by the city or county. The department may rebut that presumption by showing, based upon substantial evidence in the record, that the requirements of this chapter are more fully satisfied by a determination that there should be a different planned use for the site. (2) Before making a determination regarding the planned use for the site, the department shall hold a public hearing on that issue and shall consider all comments received at the hearing. The department shall thereafter determine the planned use and provide a written explanation supporting its determination to the city or county and to any person requesting an explanation. (e) Nothing in this chapter shall be construed to affect the authority of a city or county pursuant to Title 7 (commencing with Section 65000) of the Government Code. 25398.2. (a) Within 90 days from the date of the selection of a site pursuant to Section 25396.6, the department shall hold a conference with the identified potentially responsible persons for purposes of explaining all of the following: (1) The department's requirements for the performance of a site investigation and the preparation of a site investigation report to determine the nature and extent of possible releases of hazardous substances at the site. (2) The department's requirements for a community assessment. (3) The department's procedures for carrying out response activities, including requirements for public participation. (b) (1) Except as provided in paragraph (2), within 90 days from the date of the close of the conference, the department may enter into an enforceable agreement with one or more responsible persons for a site selected pursuant to Section 25396.6. The enforceable agreement shall require all of the following: (A) The responsible person shall take necessary response actions at the site pursuant to this chapter. (B) The responsible person or persons shall pay all of the state's response costs that are related to the site on an ongoing basis, within 60 days from the date of receipt of each invoice from the department, except response costs incurred by the state in relation to an arbitration conducted pursuant to this chapter, or judicial review of the arbitration decision, if the arbitration or judicial review is initiated by a responsible person who is not a party to the enforceable agreement. After liability is finally apportioned pursuant to this chapter, each participating responsible person's share of response costs may be adjusted in relation to the shares of other participating responsible persons. Any agreement to pay orphan share costs, which the fund cannot pay, shall be backed by adequate forms of financial security, as determined by the department. (C) The department and the responsible person enter into a covenant not to sue each other or any responsible person who has entered into an enforceable agreement under this section pursuant to the federal act. However, any site selected for remediation pursuant to this chapter shall not be immune from, and, if appropriate, may be subject to, natural resource damage claims pursuant to subdivision (f) of Section 9607 of the federal act. (D) If a responsible person subject to the agreement fails to comply with this chapter or any regulation, requirement, or order issued or adopted pursuant to this chapter, the department shall remove the site from eligibility for response action pursuant to Chapter 6.65 (commencing with Section 25260) and this chapter, and may direct that any further response actions at that site be taken pursuant to Chapter 6.8 (commencing with Section 25300), unless one or more of the remaining responsible persons, if any, agree to assume the noncomplying responsible person's responsibilities under the agreement. (2) The 90-day period to enter into an agreement may be extended by agreement of the department and the responsible person or responsible persons. (c) The covenants not to sue executed by responsible persons and the department shall be expressly conditioned upon performance of all obligations under this chapter and the enforceable agreement. (d) If no responsible person enters into an enforceable agreement pursuant to subdivision (b), the response actions at the site shall no longer be governed by this chapter. (e) A draft remedial action plan shall be prepared pursuant to Section 25398.6 by the responsible person. The draft remedial action plan shall be approved by the department pursuant to Section 25398.6 for each site selected. Preliminary and intermediate actions may be taken prior to the approval of a remedial action plan to ensure protection of public health and the environment. (f) To the extent consistent with the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.A. Sec. 6901 et seq.), the department may exclude from the hazardous waste facilities permit requirements of Section 25201, those portions of any response action selected and carried out pursuant to this chapter, that complies with all laws, rules, regulations, standards, requirements, criteria, or limitations applicable to the construction, operation, and closure of the type of facility at the site, and with any other condition imposed by the department as necessary to protect human health and safety or the environment. The department may enforce any federal or state law, rule, regulation, standard, requirement, criteria, or limitation with which the response action is required to comply pursuant to this subdivision. 25398.3. (a) If the department determines that an interim endangerment exists at any site after it has been selected for response action pursuant to Article 2 (commencing with Section 25396.5), the department may take those actions necessary to contain or eliminate the interim endangerment. (b) When actions are required to be taken to immediately contain or eliminate an interim endangerment, the department shall, whenever practicable, given the risk of harm to human health and the environment, provide the potentially responsible person or persons, who have entered into an agreement pursuant to subdivision (b) of Section 25398.2, a reasonable opportunity to initiate or take over the interim endangerment response actions as soon as possible. (c) To contain or eliminate an interim endangerment at any site undergoing remediation pursuant to this chapter, the department may take either of the following actions: (1) Order the responsible persons to take or pay for all appropriate remedial actions necessary to contain or eliminate the interim endangerment. (2) Take or contract for any appropriate response actions necessary to contain or eliminate the interim endangerment and if so, the provisions of Section 25358.5 shall apply with respect to response actions taken or contracted for by the department. (d) Any person subject to an order issued pursuant to paragraph (1) of subdivision (c) who does not comply with the order without a showing of good cause shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance. Liability under this subdivision may be imposed in a civil action or liability may be imposed administratively pursuant to Section 25359.3. 25398.4. Any remedial action plan prepared pursuant to this chapter shall require response actions that, when fully implemented, place the site for which the plan is prepared in a condition that allows it to be permanently used for its planned use without any significant risk to human health or any significant potential for future environmental damage. To ensure that those objectives are met and permanently maintained, response actions shall be based on a site specific assessment that evaluates the potential human health risks, if any, that are posed by the hazardous substance release or threatened release at the site, the potential human health risks, if any, that may result if the site is permanently used for its planned use after response actions have been completed, and the adverse effects on the environment, if any, of the hazardous substance release. The site-specific assessment required by this section shall be carried out using standard criteria, principles, and protocols for risk assessments adopted by the department. Those criteria, principles, and protocols shall be based on sound scientific methods, knowledge, and practice, and shall reflect criteria, principles, and protocols developed for risk assessment pursuant to Section 57003, to the extent relevant to risk assessments conducted pursuant to this chapter. 25398.5. (a) (1) To expedite the conversion of property into productive use and to provide funds for response activities, the department may approve a site owner's request to modify the boundaries of a site selected for response action under this chapter. The department may approve a site owner's request for that modification only if all of the following apply to the site: (A) A remedial action plan has been approved by the department for the site. (B) The holder of the first deed of trust, if any, has concurred in the modification of the boundaries of the site. (C) The portions of the site proposed to be removed from the site by the boundary modification do not require any response action. (D) The planned use for the portions of the site proposed to be removed from the site by the boundary modification will not result in an unacceptable risk of human exposure to hazardous substances from the site. (E) Hazardous substances have not migrated, and are not expected to migrate, onto the portions of the site proposed to be removed from the site by the boundary modification. (F) The modification of the boundaries of the site will not significantly interfere with response actions at the site. (2) As a condition to approving a site owner's request to modify the boundaries of a site pursuant to paragraph (1), the department shall require that the owner, after complying with the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), deposit the net proceeds of the sale, after payment of expenses necessary and appropriate to the subdivision and sale, of the portions of the site proposed to be removed from the site by the boundary modification, into a special trust account to be applied towards the cost of response actions at the site if the department determines that adequate funds may not otherwise be available to pay for all costs of response actions at the site. The department shall also require that the site owner provide the department with access to any of the portions of the site proposed to be removed from the site by a boundary modification for the purpose of taking a response action. (b) Purchasers and their lessees of the portions of the site proposed to be removed from the site by a boundary modification approved pursuant to this section which do not require any response action under this chapter shall not acquire liability under this chapter solely based on that purchase or lease if both of the following apply: (1) The purchaser or lessee is not affiliated with any other person liable for response costs at the site including any direct or indirect familial relationship, or any contractual, corporate, or financial relationship other than that created by the instruments by which title to the parcel is conveyed or financed or the instruments by which a lease is created. (2) Hazardous substances have not been released from the portions of the site proposed to be removed from the site by a boundary modification subsequent to the date of the purchase or lease. (c) The department's approval of a site owner's request to modify the boundaries of a site pursuant to this section shall not constitute a subdivision of any parcel within the boundaries of the site. Any subdivision of any parcels within the boundaries of the site shall comply with the requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code). 25398.6. (a) All remedies selected at a site subject to this chapter shall meet all of the following criteria: (1) Be protective of human health and the environment. (2) Provide long-term reliability at reasonable cost. (3) Provide reasonable protection to the waters of the state, as required by the Water Code. (4) Leave the site in a condition that allows it to be permanently used for its planned use and free of any significant risk to human health or any potential for any future significant environmental damage. (b) A response action may achieve protection of human health and the environment by any of the following methods: (1) Proven and effective engineering controls and appropriate land use controls to eliminate or mitigate risk at a site when utilized for its planned use. (2) Treatment that reduces the toxicity, mobility, or volume of hazardous substances. (3) Removal of hazardous substances. (4) A combination of engineering and land use controls, treatment, and removal. (5) Other methods of protection. (c) Except as provided in subdivision (d), the department shall give no special preference to one or more available types of response action, including engineering and land use controls, treatment, removal, or other methods of protection, but shall evaluate available response action options on the individual merits of each option, or combination of options, reasonably available in light of site-specific conditions. In selecting the appropriate remedy, the department shall balance all of the following factors: (1) The effectiveness of the remedy. (2) The long-term reliability of the remedy. (3) Any short-term risk to the affected community, to those engaged in the remediation effort, or to the environment. (4) The reasonableness of the cost of the remedy. (d) For discrete areas within a site that contain hazardous substances which are: (1) present in high concentrations or (2) are highly mobile, and for which containment cannot prevent significant risk of harm to human health or the environment from exposure to the hazardous substances, the department shall select treatment or removal, or both, as the remedial alternative or alternatives. The department may, however, select engineering and land use controls, or other methods of protection, to be implemented in combination with treatment or removal, or both, if such a combination will prevent a significant risk of harm from exposure. (e) A remedial action plan prepared pursuant to this chapter shall include all of the following: (1) The selection of a response action alternative or combination of alternatives described in subdivision (b) that are appropriate for the site and that satisfy the response action criteria set forth in this section. (2) A site-specific assessment prepared for the site pursuant to Section 25398.4. (3) A description of the characteristics of the site, including the potential for offsite migration of hazardous substances, the condition of surface or subsurface soil, and the hydrogeologic conditions. (4) An analysis of the cost-effectiveness of the remedial action measures. (5) An analysis of the ability to implement the remedial action measures. (6) Consideration of the historical use of the site, background levels of hazardous substances present there due to natural conditions, and the existing and planned use of the site, in determining the extent, type, and scope of the remedy appropriate for the site. (f) A remedial action plan prepared pursuant to this chapter shall include all of the following: (1) A summary of the site investigation report setting forth the full extent of contamination at the site, including an assessment of potential human health risks from exposure to the hazardous substances and an assessment of environmental impacts which shall include the impact of the contamination on the planned uses of the site and the beneficial uses of water. (2) An analysis of the long-term and short-term protection afforded by the remedial action with regard to human health and the environment. (3) An analysis of the compliance of the remedial action with federal, state, and local statutes, regulations, and ordinances. (g) In addition to the requirements of subdivision (a), a remedial action plan prepared pursuant to this chapter shall do all of the following: (1) Describe all proposed remedial action measures in detail. (2) Set forth a schedule for implementation of the plan. (3) Set forth a plan for long-term operation and maintenance of the remedial action measures, if any are required. (h) Any remedial action plan approved pursuant to this section shall include a statement of reasons setting forth the basis for the remedial action selected. The statement shall include a description of each alternative evaluated and the reasons for the rejection of alternatives that were evaluated and not selected. (i) Before approving a remedial action plan, the department shall do all of the following: (1) Notify the public, including those persons reasonably believed to be members of the affected community, of the response action proposed in the plan in a manner that provides reasonable assurance of reaching those persons on a timely basis. The notice shall include posting notices in the area where the proposed remedial action would be taken and notification, by direct mail, of the recorded owners of property contiguous to the site addressed by the plan, as shown in the latest equalized assessment roll and all potentially responsible persons identified in the plan. (2) Provide at least 30 days for comment by the potentially responsible persons, appropriate federal, state, and local agencies, the affected community, and other members of the Public. (3) Hold one or more public meetings with the potentially responsible persons, the affected community, and other members of the public, if any, seeking information or desiring to comment, concerning the response action. The information provided shall include an assessment of the degree of contamination, the characteristics of the hazardous substances, an estimate of the time required to carry out the response action and a description of the proposed response action, the planned use, and the remedial objectives. The department shall give all of the parties entitled by this section to a public meeting a fair opportunity to comment on the merits of the plan. (4) Comply with Section 25397.2. (j) After complying with subdivision (i), the department shall review and consider any comments received at the public meeting or by other means within the specified time period, shall consider the affected community's acceptance of the proposed remedial alternative or alternatives, and shall propose revisions to the draft plan, if appropriate. (k) When reviewing a remedial action plan, the department shall give no special preferences to one or more available types of response action, including engineering and land use controls, treatment, removal, or other types of corrective action, but shall evaluate available response action options on the individual merits of each option reasonably available in light of specific site conditions. ( l) Within 60 days after the close of the comment period set forth in paragraph (2) of subdivision (i), the department shall approve the final remedial action plan, or issue a notice of deficiency to the person who submitted the plan that describes, in detail, any deficiencies in the plan. A remedial action plan found to be deficient shall be modified in a reasonable time. However, any notice of rejection of the notice of deficiency shall be filed with the department within 30 days from the date of receipt of the notice of deficiency. Within 60 days of receiving a modified plan, the department shall approve the plan or advise the person who prepared the plan, in detail, of the new or continuing deficiencies. Any failure to act by the department as provided in this subdivision may be appealed to the secretary. If the secretary fails to act on behalf of the department within 30 days after the appeal is filed, the department's failure to act may be challenged by any responsible person for the site pursuant to the provisions of Section 1085 of the Code of Civil Procedure. (m) Once approved by the department, a draft plan shall become final 60 days from the date that notice of its approval is provided in writing by appropriate means, as provided in subdivision (b) of Section 25398.10, unless a petition for review is filed prior to that time pursuant to Section 25398.10. (n) A remedial action plan is not required for the abatement of an interim endangerment pursuant to Section 25398.2. (o) Nothing in this chapter shall be construed to change the standards for response actions taken at voluntary action sites that are overseen by the department pursuant to Section 25201.9 or any other authority. 25398.7. (a) A remedial action plan may utilize land use controls to limit or restrict land use where appropriate. All land use controls shall be recorded by the site owner in the county in which the site is located. The site owner shall provide the department with a copy of the land use controls which have been appropriately recorded. (b) Any person who violates the terms of a land use control which that person knew, or reasonably should have known, applied to the property, shall be subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) per day for each day of violation. (c) The terms and conditions of a land use control may be modified only with the express written consent of the department, based on a determination that the response actions implemented at the site provide sufficient protection of human health and the environment required by subdivision (a) of Section 25398.6, and are sufficient to permit the planned use of the site. If additional response action is required to provide that protection, the department shall not approve the request for modification of the restriction or control until completion of the additional response action. Implementation of a modification to a land use control shall be in accordance with the following procedure: (1) The person requesting the modification to the permitted use of the site shall provide the request in writing to the department for the site to approve a modification to an existing land use control. The request shall be accompanied by supporting documentation demonstrating that the response action implemented at the site provides the required protection. The request shall be accompanied by any applicable costs. (2) Within 120 days of receiving the request, and after a public notice is placed in a newspaper of general circulation in the affected area, and after a 30-day public comment period, a duly noticed public meeting shall be held on the merits of the request, the department shall do one of the following: (A) Approve the proposed modification. (B) Approve the proposed modification with conditions for implementation of additional response action. (C) Disapprove the proposed modification and provide the owner with the reasons for that disapproval. (3) (A) The approval or denial of a request for modification shall become final within 30 days from the date that the department acts to approve or deny the modification and provides notice to all persons required to receive notice pursuant to, and in the manner required by, paragraph (2). Within 30 days from the date that any decision to approve a request for modification becomes final, the site owner shall record the modified land use control in the county in which the site is located and provide the department with a copy of the land use control which has been endorsed by the county recorder. The approved modification shall take effect upon recordation and after notice of the final decision is given in writing, by appropriate means, to immediately adjacent property owners, commenters, and persons who attended the public meeting and requested this notice. (B) If the approval is accompanied with conditions which require compliance prior to modification of the land use control, the site owner shall provide the department with a copy of the land use control which has been appropriately recorded within 30 days after the department has notified the site owner that compliance with those conditions has been demonstrated. The approved modification shall take effect upon recordation. 25398.8. (a) At the same time that the department gives notice of the approval of the remedial action plan for a site, or prior to the time that the department issues its first notice of deficiency regarding the remedial action plan, the department shall, based on all available information before the department at that time, do both of the following: (1) Notify, in writing, and by appropriate means, all of the responsible persons, the affected community, and the public, of the department's proposed apportionment of liability for the costs of response for the site which is the subject of the remedial action plan. (2) Indicate in the notice whether there are orphan shares that will, or may be, paid from the trust fund. (b) The department shall apportion liability for the response actions taken pursuant to this chapter to each responsible person for that person's share of response costs, based upon equitable factors and fairness principles so that total shares, including orphan shares, if any, total 100 percent. The fund administrator shall represent any orphan share with respect to actions concerning apportionment of liability if there is a proposed apportionment of liability to the orphan share for payment from the trust fund. The department shall provide any person who has requested notification of the department's proposed apportionment of liability with a copy of the proposed apportionment within 10 days after the department completes its proposal for apportionment of liability. (c) The department shall weigh each factor considered appropriate under the circumstances of the release for which the remedial action was initiated. The department shall emphasize timely apportionment of approximate shares of liability and is not required to precisely determine all relevant factors, as long as substantial justice among the parties is achieved. Equitable factors that shall guide the apportionment decision include, but are not limited to, all of the following: (1) The amount of hazardous substance for which each person is responsible. (2) The degree of toxicity of the hazardous substance, its contribution to the contamination at the site, and the total expense involved in the remediation effort attributable to the hazardous substances for which each person is responsible. (3) The degree of involvement of the person in the generation, transportation, treatment, or disposal of the hazardous substance for which each person is responsible. (4) The degree of care exercised by the responsible person with respect to the hazardous substances for which each person is responsible, taking into account the characteristics of the substance. (5) The degree of cooperation by the responsible person with federal, state, and local officials to prevent harm to human health and the environment. (d) The site owner shall pay for all additional costs of response actions performed pursuant to this chapter at the request of the site owner that exceed the costs that would be incurred if the response action were limited to those required by this chapter. (e) The apportionment of liability pursuant to this section shall not be subject to judicial review, except as provided in Section 25398.10. (f) Notwithstanding the requirements of subdivisions (a) to (d), inclusive, the potentially responsible persons may agree upon an allocation of liability among themselves at a particular site, that, in the absence of an allocation of liability to an orphan share for payment from the trust fund, shall be adopted by the department as the apportionment of liability for the site. 25398.9. (a) Prior to the date that the department apportions liability pursuant to Section 25398.8, the department shall, when it determines that it is in the best interests of the public, propose a final administrative or judicial expedited settlement with responsible persons who, in the judgment of the department, meet either of the following conditions for eligibility for such an expedited settlement: (1) The responsible person's individual contribution of hazardous substances at the site is de minimis. The contribution of hazardous substance to a site by a responsible person is de minimis if both of the following apply: (A) The responsible person's volumetric contribution of materials containing hazardous substances is minimal in comparison to the total volumetric contributions of materials containing hazardous substances at the site, and that individual contribution is presumed to be minimal if it is 1 percent or less of the total volumetric contribution at the site, unless the department identifies a lower threshold based on site-specific factors. (B) The responsible person's contribution of materials containing hazardous substances does not present toxic or other hazardous effects that are significantly greater than those of other hazardous substances at the site. (2) (A) The responsible person is the site owner, did not conduct or permit the generation, transportation, storage, treatment, or disposal of any hazardous substance at the site, and did not contribute to the release or threat of release of a hazardous substance at the site through any action or omission. (B) Paragraph (A) does not apply if the responsible person purchased the site with actual or constructive knowledge that the site was used for the generation, transportation, storage, treatment, or disposal of any hazardous substance. (b) The department may reach an expedited settlement with responsible persons only when the aggregate shares of liability determined pursuant to subdivision (a) do not exceed 10 percent of the projected cost of the response action at the site. (c) Any person who enters into a settlement pursuant to this section shall provide any information relevant to the administration of this chapter which is requested by the department. The determination of whether a person is eligible for an expedited settlement shall be made on the basis of all information available to the department at the time the determination is made. If the department determines not to apply the provisions of this section at a site, the basis for that determination shall be explained in writing to any person who requests such a settlement. (d) A responsible person who has reached a final settlement under this section and paid any response costs which are part of the settlement, is not liable for claims for contribution from any other party for the costs of the response action at the site. (e) At the same time that notice is provided pursuant to subdivision (a) of Section 25398.8, the department shall provide written notice of the proposed settlement to all other responsible persons, the affected community, and the public by appropriate means. The notice shall identify the site and the parties to the proposed settlement. (f) The department shall consider any written comments submitted regarding the proposed expedited settlement in determining whether or not to consent to the proposed settlement. The department may withhold consent to the proposed settlement if the comments disclose factors or considerations that indicate the proposed settlement is inappropriate, improper, or inadequate. The department shall withhold consent to the proposed settlement if any responsible person for the site petitions the department to invoke an arbitration panel to evaluate the merits of the settlement before the settlement agreement becomes final. 25398.10. (a) The Director of Environmental Health Hazard Assessment shall convene an arbitration panel, if a timely petition is filed with the director, for purposes of resolving all disputes with any responsible person concerning any of the following: (1) The remedial action plan developed pursuant to Section 25398.6, including disputes regarding remedy selection, other technical issues, conditions of approval, or any other element of the plan. (2) The department's proposed apportionment of liability pursuant to Section 25398.8. (3) Any proposed de minimis settlements pursuant to Section 25398.9. (4) The department's approval or denial of a change in land use pursuant to Section 25398.7. (5) The department's approval or denial of a certificate of completion pursuant to Section 25398.15, as provided in subdivision (b) of Section 25398.15. (b) (1) Petitions for disputes concerning the matters specified in paragraphs (1) to (3), inclusive, of subdivision (a) shall be filed within 60 days from the date that the notice of approval of the remedial action plan is issued, or from the date that the responsible person or persons preparing the remedial action plan notify the department in writing, by appropriate means, of the responsible person or person's rejection of a notice of deficiency. Within 10 days of the department's approval of the remedial action plan or receipt of a notice of a rejection of a notice of deficiency for the remedial action plan, the department shall provide notice in writing, by appropriate means, of its approval, or receipt of the notice of rejection, to all responsible persons for the site and to the public. The notice shall indicate the rights of the parties to file petitions for arbitration of the disputes concerning the matters specified in paragraphs (1) to (3), inclusive, of subdivision (a) and the deadline for the filing of a petition. Petitions for arbitration of disputes concerning the matters specified in paragraphs (1) to (3), inclusive, of subdivision (a) may be made by any responsible person. Petitions for arbitration of disputes concerning the matter specified in paragraph (1) of subdivision (a) may also be filed by the affected community, and petitions for arbitration of disputes concerning the matters specified in paragraphs (2) and (3) of subdivision (a) may be filed by any member of the public if orphan shares that are to be paid from the trust fund are at issue. (2) Petitions for the arbitration of all disputes concerning the matters specified in paragraphs (4) and (5) of subdivision (a) may be made by any responsible person for the site, the affected community, or the public, and shall be made prior to the time that the action in dispute becomes final. (3) Prior to submitting a petition for arbitration, the responsible persons shall make all reasonable efforts to resolve the dispute. (4) If one or more petitions for arbitration have been filed for any combination of review of the remedial action plan, apportionment of liability, or de minimis settlements, the arbitration panel shall review all of these petitions in a consolidated hearing. The arbitration panel shall minimize the need for hearings on all other issues by consolidating hearings in all cases where reasonably possible. (5) The arbitrators shall be selected as provided in subdivision (d) of Section 25356.2. (c) All the provisions of Sections 25356.2, 25356.3, 25356.4 and 25356.6 apply to arbitration proceedings conducted pursuant to this section, except for all of the following: (1) The arbitration panel shall apply the factors and standards for liability apportionment set forth in subdivision (c) of Section 25398.8, instead of those set forth in subdivision (c) of Section 25356.2. (2) The provisions of subdivision (a) of Section 25356.3 and the provisions of subdivisions (c) and (e) of Section 25356.4 shall not apply. (3) The arbitrators shall be bound by, and shall apply, the requirements and standards set forth in this chapter and Chapter 6.65 (commencing with Section 25260) that are applicable to the dispute that is the subject of the arbitration. (4) The arbitrators shall have the expertise and experience appropriate to understand and critically evaluate the issues to be arbitrated. (d) The arbitration panel shall hold a public hearing on any matter presented to the panel for evaluation, shall take all evidence presented, shall keep a record of the proceedings, including all testimony and evidence presented, and shall have discretion in the determination of facts. All findings and decisions of the panel shall be supported by substantial evidence in light of the whole record. The response action for which the arbitration panel has been requested to act pursuant to this section shall not be stayed during the pendency of the arbitration proceedings. Notice of the arbitration panel's decision shall be provided in writing, by appropriate means, within five days from the date that the arbitration panel has reached a decision, to the responsible persons, the affected community, the public, and any other person or entity who participated in the arbitration proceeding and requested notice of the decision. (e) The department, any member of the advisory committee described in Section 25263, or, for purposes of appealing the approval of a remedial action plan by the arbitration panel, any member of the affected community, may seek judicial review of a decision of the arbitration panel by filing a petition for a writ of mandate pursuant to Section 1094.5 of the Code of Civil Procedure not more than 30 days from the date that notice of the decision is provided in writing by appropriate means to those entities or persons. Any person authorized to petition for arbitration may also seek judicial review of a decision of the arbitration panel concerning any matter for which the person is authorized pursuant to subdivision (b) to submit a petition for arbitration, by filing a petition for writ of mandate pursuant to Section 1094.5 of the Code of Civil Procedure not more than 30 days from the date that notice of the decision is provided in writing by appropriate means to that person. No person may seek judicial review of a matter that is subject to arbitration, if requested, that has not been first presented to an arbitration panel. (f) Except for acts of recklessness, gross negligence, fraud, deceit, or other criminal activity, the arbitrators are immune from liability for any actions taken in their role as arbitrators. (g) Response costs incurred by the state because of an arbitration proceeding shall be paid as follows: (1) By the responsible person or responsible persons who are parties to the enforceable agreement described in subdivision (b) of Section 25398.2 if either of the following occurs: (A) The arbitration proceeding or judicial review is initiated by one of those participating responsible persons, the affected community, or a member of the public. (B) Judicial review is sought by the department or a member of the advisory committee described in Section 25263. (2) By the responsible person or responsible persons who initiated the arbitration proceeding if the responsible person or responsible persons are not parties to the enforceable agreement described in subdivision (b) of Section 25398.2. 25398.11. (a) (1) The secretary shall ensure that all arbitration panels are provided with the necessary technical support services by a team of state employees with experience and expertise appropriate to the issue or issues in dispute, including, but not limited to, where necessary, expertise in hydrogeology, geology, chemical engineering, toxicology, hazardous substance response action law, soil science, environmental health and engineering, industrial hygiene, and other related disciplines. The team of state employees shall provide a written report to the panel setting forth the team recommendations on all technical issues before the arbitrators, and the arbitrators shall give substantial weight to the team's recommendations. The team's report shall be a public record. (2) The Director of Environmental Health Hazard Assessment shall adopt procedures for the removal of arbitrators from panels for inadequate performance of their assigned responsibilities. (b) (1) The department shall notify all responsible persons who have been identified and located, the affected community, the team of state employees, and the public, of the arbitration hearing request and the location and scheduling of the arbitration hearing, in writing, by appropriate means, as soon as reasonably practicable after an arbitration hearing is requested. (2) All responsible persons for the site notified by the department of the arbitration shall be subject to arbitration by the arbitration panel, and all response costs shall be apportioned among all responsible persons notified of the arbitration proceedings regardless of whether those persons appear before the arbitration panel. 25398.12. (a) No person may serve as an arbitrator for a site for which that person has a conflict of interest. A conflict of interest, for purposes of this section, includes the following: (1) Employment at any time in the past by one or more of the responsible persons for the site. (2) Existence of a potentially material financial impact from one or more of the decisions the arbitrator may be asked to make involving the site. (b) Any person may challenge the selection of any arbitrator on grounds of (1) conflict of interest, or (2) lack of one or more of the qualifications required by Section 25398.10. Any challenge shall be filed with the Director of Environmental Health Hazard Assessment within 10 days of the provision of public notice of the arbitration hearing pursuant to paragraph (1) of subdivision (b) of Section 25398.11. The Director of Environmental Health Hazard Assessment shall, within 20 days thereafter, determine the arbitrator's fitness to serve. Any arbitrator that is disqualified from serving on a particular panel shall be replaced in a timely manner in the same manner as the disqualified arbitrator was chosen. 25398.13. All decisions of the arbitration panel shall be made by majority vote. 25398.14. Upon completion of an engineering design to implement an approved remedial action plan, the responsible persons for the site shall submit the design to the department for approval. The department shall approve, modify, or deny the design within 60 days from the date of receipt. 25398.15. (a) Upon completion of a response action pursuant to a remedial action plan, the responsible person shall file a request with the department for a certificate of completion. A request for certificate of completion may be filed even though long-term operation and maintenance requirements and other long-term remedial activities remain an ongoing obligation, if all other final response actions have been completed. (b) The department shall review each request for a certificate of completion and shall approve the request if the department determines that the response action plan and any other directive of the department have been satisfactorily completed and that the site has been placed into a condition that allows it to be permanently used for its planned use without any significant risk to human health or potential for any future significant environmental damage. The department shall approve or deny the request for a certificate of completion within 90 days after it is filed with the department. Any failure of the department to act on the submittal of a request for a certificate of completion within the time periods provided in this section may be appealed to the secretary. If the secretary fails to act on behalf of the department within 30 days after the appeal is filed, the department's failure to act may be challenged by any responsible person for the site pursuant to the provisions of Section 1085 of the Code of Civil Procedure. Any person who disputes the approval or denial of a request for a certificate of completion may, before the approval or denial becomes final pursuant to subdivision (c), file a petition for review of that denial pursuant to Section 25398.10 except that the petition may request review only concerning those issues in dispute that were heard before an arbitration panel in a prior hearing concerning the remedial action plan. All other disputes concerning the approval or denial of a request for a certificate of completion may be resolved by the secretary, at the discretion of the secretary. (c) Notice of any approval or denial of a request for a certificate of completion shall be provided to the responsible persons for the site and to the public, by appropriate means, within five days from the date that the decision is made by the department. The approval or denial shall become final within 30 days from the date that notice is provided pursuant to this subdivision, unless a review of that approval or denial is requested, pursuant to subdivision (b), before the expiration of that 30-day period. (d) A certificate of completion that becomes final pursuant to this section shall be deemed to have been issued pursuant to Section 25264, and Sections 25264 and 25265 shall apply to the site.