General Provisions
Cal. EDC § 17210.1
California Statutes
(
a) Notwithstanding any other provision of law:
(1) For sites addressed by this
article for which school districts elect to receive state funds pursuant to
Chapter 12.5 (commencing with
Section 17070.10) of
Part 10, the state act applies to schoolsites where naturally occurring hazardous materials are present, regardless of whether there has been a release or there is a threatened release of a hazardous material.
(2) For sites addressed by this
article for which school districts elect to receive state funds pursuant to
Chapter 12.5 (commencing with
Section 17070.10) of
Part 10, all references in the state act to hazardous substances shall be deemed to include hazardous materials and all references in the state act to public health shall be deemed to include children’s health.
(3) All risk assessments conducted by school districts that elect to receive state funds pursuant to
Chapter 12.5 (commencing with
Section 17070.10) of Part at sites addressed by this
article shall include a focus on the risks to children’s health posed by a hazardous materials release or threatened release, or the presence of naturally occurring hazardous materials, on the schoolsite.
(4) The response actions selected under this
article shall, at a minimum, be protective of children’s health, with an ample margin of safety. (
b) In implementing this article, a school district shall provide a notice to residents in the immediate area prior to the commencement of work on a preliminary endangerment assessment utilizing a format developed by the Department of Toxic Substances Control. (
c) Nothing in this
article shall be construed to limit the authority of the Department of Toxic Substances Control or the State Department of Education to take any action otherwise authorized under any other provision of law. (
d) Unless the Legislature otherwise funds its costs for overseeing actions taken pursuant to this article, the Department of Toxic Substances Control shall comply with
Chapter 6.66 (commencing with
Section 25269) of Division of the Health and Safety Code when recovering its costs incurred in carrying out its duties pursuant to this article. (
e) Article 11 (commencing with
Section 25220) of
Chapter 6.5 of Division of the Health and Safety Code does not apply to schoolsites at which all necessary response actions have been completed.