Section 28001 - Definitions (California Code of Regulations)

§ 28001. Definitions

Unless otherwise defined in the Health and Safety Code, the following definitions apply to this chapter:

(a) "Agency" means the California Environmental Protection Agency.

(b) "Arbitration" means any proceeding arbitrating issues pursuant to sections 25356.3 and 25398.10(a) of the Health and Safety Code.

(c) "Arbitration panel" means the three arbitrators selected for an individual site pursuant to Health and Safety Code section 25356.2

(d) "Arbitrator" means an individual selected pursuant to Health and Safety Code section 25356.2.

(e) "Days" means calendar days.

(f) "Department" means the Department of Toxic Substances Control.

(g) "Director" means the Director of the Office of Environmental Health Hazard Assessment, or the Director's designee.

(h) "Ex parte communication" means any communication, written or oral, relating to the merits of the arbitration, between the arbitration panel and any interested person, which was not originally filed or stated in the administrative record of the arbitration. Such communication is not an ex parte communication if all parties to the arbitration have received prior written notice of the proposed communication and have been given the opportunity to be present and to participate therein.

(i) "Interested person" means the Director, Department, Water Board, any party to the arbitration, any potentially responsible party associated with the site concerned, any person who filed written comments in the arbitration, any participant or intervenor in the arbitration, all officers, directors, employees, consultants, and agents of any party, and any attorney of record for any of the foregoing persons.

(j) "Participating Potentially Responsible Party" means a responsible party who has agreed to submit to binding arbitration by the arbitration panel.

(k) "Party" means any party to an arbitration, including the participating potentially responsible parties, the Department, the Water Board, and the affected community and public.

(l) "Remedial Action Plan" and "Final Remedial Action Plan" means a plan prepared pursuant to Health and Safety Code sections 25356.1 or 25398.4, where applicable.

(m) "Responsible Person" has the same meaning as set forth in Health and Safety Code section 25323.5 for "responsible party" or "liable person."

(n) "Secretary" means the Secretary for Environmental Protection, or the Secretary's designee.

(o) "Water Board" means the State Water Resources Control Board or Regional Water Quality Control Board with jurisdiction over a hazardous substance release site.

(1. New section filed 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day. 2. New section refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day. 3. New section refiled 7-8-96 as an emergency; operative 7-8-96 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day. 4. New section refiled 10-31-96 as an emergency; operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day. 5. Certificate of Compliance as to 10-31-96 order transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3). 6. Change without regulatory effect renumbering title 22, section 15001 to title 27, section 28001 filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).)

Note: Authority cited: Sections 59012, 25356.10, Health and Safety Code. Stats. 1994, ch. 435 (SB 923), TION sec 3. Reference: Sections 25356.2- 25356.10 and 25398.10- 25398.13, Health and Safety Code.

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