Fact Sheet: Senate Bill 923--Expedited Remedial Action Program

Revised: Revised August 2000

Contact: For additional information please contact Ms. Megan Cambridge, Expedited Remedial Action Program, Unit Chief at (916) 255-3727.

Summary

Chapter 6.85 of the Health and Safety Code (Senate Bill 923 (Calderon)) established a pilot program, known as Expedited Remedial Action Program (ERAP) for the cleanup of hazardous substance release sites using alternative procedures to those specified in Chapter 6.8 of the Health and Safety Code.

Senate Bill (SB) 923 is applicable to up to 30 response action sites that meet specific eligibility requirements.

The Department of Toxic Substances Control (DTSC) is designated as the lead agency to oversee the investigation and remediation of ERAP sites pursuant to Chapter 6.65 of Health and Safety Code titled "Unified Agency Review of Hazardous Materials Release Sites" (Assembly Bill 2061).

Background

The California ERAP was established under the authority of the "Expedited Remedial Action Reform Act of 1994" (SB 923). This comprehensive program was designed to address many of the problems identified in the Federal Superfund Program established by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), which has come under criticism for being ineffective, using unfair liability schemes, and restricting opportunities for effective cleanup. ERAP provides for mitigation rather than litigation by revising the liability scheme based on fair and equitable standards; providing indemnification protection through a covenant not to sue; permitting risk-based cleanup based on the ultimate use of the site; providing a streamlined remediation process; and establishing a dispute resolution process. Key economic and liability provisions provide incentives to motivated persons to voluntarily remediate their contaminated properties. These incentives are especially applicable to "Brownfield" properties, which are typically abandoned facilities located in antiquated industrial areas. Revitalizing these depressed areas creates a unique opportunity for industry, government and communities to improve the economic and environmental conditions within their communities.

Principle ERAP benefits include:

• Land use is designated early in the project;
• Remedy selected is based on planned land use contingent upon formal land use restrictions;
• Promotes early public notification and input;
• Site boundaries may be modified to release clean parcels for development after a Remedial Action Plan has been approved;
• Indemnification of participating responsible persons through a covenant not to sue;
• Apportionment of liability is based on fair and equitable principles;
• Potential State funding for up to ten sites with "orphan" shares (to the extent funding is available), where responsible persons are found to be insolvent, cannot be identified or located;
• Formal dispute resolution process available to responsible persons, members of the public and the affected community;
• Consolidated permitting and certification for all state and local agencies through DTSC.

Status of ERAP:

• Eighteen sites have been designated to participate, with another application under review.
• Two sites have been reimbursed over $3.5 million in orphan shares, with an additional three sites eligible.
• Four sites have been certified with five additional sites undergoing design and implementation of response actions.