AB 333

Current law generally requires a person who possesses or controls a hazardous

substance that is discharged or who causes the discharge of a hazardous substance

to restore the environment to the extent practicable. Under current law, a person,

called a voluntary party, who applies for a liability exemption may be exempt from

absolute liability to restore the environment, and from the requirements of other

laws relating to hazardous substances, even if a cleanup of the discharge is not

completely successful. To qualify for this exemption, an environmental investigation

of the contaminated property must be conducted, a cleanup performed, and a

certificate obtained from the Department of Natural Resources (DNR) stating that

the cleanup has restored the environment. In addition, if the voluntary party owns

or controls the property, the voluntary party must maintain and monitor the

property as required by DNR.

Under current law, the voluntary party liability exemption is not available for

a landfill that was licensed by DNR. This bill expands the voluntary party liability

exemption so that the exemption is available for a landfill unless the landfill was

licensed by DNR and had a plan of operation approved by DNR under current law

or was initially licensed on or after May 21, 1975, and DNR determined that the

landfill's design and plan of operation complied substantially with the requirements

for approval under current law.

This bill also authorizes DNR to remove a voluntary party from the process of

obtaining the voluntary party liability exemption if the voluntary party fails to make

reasonable progress toward completing the environmental investigation and the

cleanup or if the voluntary party fails to provide DNR with information that DNR

requests.

Under current law, in limited circumstances, DNR may agree to limit the

monetary amount that a voluntary party may be required to spend on a cleanup if

the voluntary party ceases the cleanup after the cost exceeds 125 percent of the

anticipated cost of the cleanup and the voluntary party makes reasonable efforts to

sell the property. The bill eliminates this provision.