Governing Law and Regulations
Property designation: California Hazardous Waste Control Act, California Health and Safety Code (CH & SC) 25220 to 25241
Land use restrictions: CH & SC 25232
Recording restrictions: CH & SC 25220(d)
Department of Toxic Substances Control (DTSC) lists: CH & SC 25220(f)
Variances: CH & SC 25233
Removal of restriction: CH & SC 25234
Penalties: CH & SC 25196
Seller disclosure requirements: CH & SC 25359.7
Coastal development: 14 California Code of Regulations (CCR) 13170
California Environmental Protection Agency (Cal/EPA) Department of Toxic Substances Control (DTSC)
California Coastal Commission (CCC)
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. California's industrial property transfer legislation gives the California Environmental Protection (Cal/EPA)'s Department of Toxic Substances Control (DTSC) the responsibility for designating certain real estate that has been contaminated with hazardous waste as either "hazardous waste property" or "border zone property" and requiring that the designation be recorded on the property deed. The property may be subject to future use restrictions in addition to the deed disclosures. There are provisions for removing use restrictions and deed notations under certain circumstances.
California law also requires that any owner of nonresidential real property who knows or who has reasonable cause to believe that a hazardous substance has been located or released on the property to give written notice of the condition to the buyer of the property.
Coastal property buyers and investors may ...