Home Table of Contents

§ 8060. Environmental Assessment.

4 CA ADC § 8060Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 4. Business Regulations
Division 11. California Pollution Control Financing Authority (Refs & Annos)
Article 6. Environmental Assessment
4 CCR § 8060
§ 8060. Environmental Assessment.
Currentness
An environmental assessment shall consist of completion of the following form (Revision 3/92):
Applicant:
Applicant's address:
Address of property for which this Environmental Assessment is being completed (property which shall be the security for loans, or if none, property where the project will be located) (the “Subject Property”):
List the street address, use & ownership interest in any other property owned by Applicant (e.g. 100 Main Street, Los Angeles, 3 year rental as warehouse space):
Name(s) of Individual(s) completing this questionnaire, their position(s) with the Applicant, the responsibilities and duties in this position(s), and their tenure with Applicant:
The following questions are necessary to provide the California Pollution Control Financing Authority (the “Authority”), its staff, and/or any entities contracting with the Authority in connection herewith (the “Coordinator”) with information concerning the environmental condition of the Subject Property. The Authority or the Coordinator will require the person(s) completing this statement to certify that the statement is true and constitutes an accurate account of all known environmental matters related to the Subject Property and its vicinity. The Authority or the Coordinator will rely on these answers as knowing representations of the Subject Property's condition.
The questions should be answered by one or more persons who are most knowledgeable about the Subject Property. Such persons will be expected to conduct a “reasonable inquiry.” The term “reasonable inquiry” shall include a thorough examination of the Subject Property and all property records in the Applicant's possession or reasonably available to the Applicant, as well as all matters into which Applicant has inquired for any purpose, or has had the right or duty to inquire into, supervise or monitor. “Reasonable inquiry” shall not require an environmental audit or the hiring of a consultant to respond to these questions or a title search of County property records.
The Authority or the Coordinator may conduct an independent investigation of the answers supplied in this statement at the Applicant's expense. If such an investigation reveals problem areas not disclosed in this statement, the loan decision may be delayed.
The Authority's or the Coordinator's provision of or reliance on this statement shall not constitute a commitment to lend funds, nor shall it limit the Authority's or the Coordinator's right to conduct a site investigation at the Applicant's expense prior to issuing a loan commitment.
The Applicant should disclose all known existing or potential environmental issues when answering the following questions. The Authority or the Coordinator is aware that businesses which will apply for the loan program generate Hazardous Material. When fully disclosed, the existence of Hazardous Material on the Subject Property will not necessarily result in an automatic loan denial. The Authority or the Coordinator, in its sole discretion, shall consider other factors as listed in the regulations when determining whether the proposed loan meets the program's goals and the Authority's or the Coordinator's acceptable liability risk.
Exhibit A contains definitions of the terms used in this statement which will aid the Applicant in determining the scope of each question.
If insufficient space is provided for your response, provide an attachment to the questionnaire and label the attachment with the number of the question you are continuing to answer.
A. SCOPE OF APPLICANT'S “REASONABLE INQUIRY”
1. Have you conducted an investigation of the Subject Property, including any records or employees' knowledge concerning the Subject Property in preparing your responses to these questions?
Yes
No
If yes, state how this inquiry was conducted and what issues and sources were examined:
B. PROPERTY INFORMATION
1. Current and Former Owners of and Uses on the Subject Property and Vicinity:
(a) Give the name of the present owner and state the current use of the Subject Property:
Year acquired:
(b) Do you know who has owned the Subject Property prior to the current owner?
Yes
No
If “yes,” state the names of all such former owners, the approximate dates of their ownership and their uses of the Subject Property (note especially any manufacturing or industrial uses, and any uses which required the use, storage, or disposal of Hazardous Material):
(c) Are there or have there been tenants or easement holders on the Subject Property?
Yes
No
Do not know
If yes, state the names of present and former tenants, easement holders, etc. and their uses of the Subject Property (note especially any manufacturing or industrial uses, and any uses which required the use, storage, or disposal of Hazardous Material):
(d) Are there or have there been any manufacturing or industrial activities or any activities involving the use, storage, or disposal of Hazardous Material, pesticides or petroleum products within 1500 feet from the borders of the Subject Property?
Yes
No
Do not know
If yes, please describe:
(e) What is the current zoning for the Subject Property?
(f) Do you know any prior zonings of the Subject Property?
Yes
No
If yes, please list the prior zonings and the dates each such zoning was in effect.
(g) Are you aware of any previous environmental assessments, audits or inspections of the Subject Property by any government entity, consultant or other party?
Yes
No
If yes, please describe and attach as Attachment A any reports, studies, plans or other documents related thereto.
2. Current or Proposed Use of Subject Property
(a) Please describe all current and proposed activities which Applicant intends to conduct on the Subject Property:
(b) Is Hazardous Material handled, used, stored, manufactured, treated, released or disposed of in the course of these activities?
Yes
No
If yes, specify for each substance how it is used, stored, manufactured or treated (as applicable), and in what approximate quantity. Attach as Attachment B a list of such substances, copies of all applicable permits, safety data sheets, and copies of Hazardous Material manifests.
(c) Does the activity on the Subject Property require equipment cleaning or degreasing or removal of residues of Hazardous Material from equipment?
Yes
No
If yes, list the substances and wastes, and describe how the substances and wastes of this cleaning or removal process are disposed of?
(d) Please briefly describe the process flow of Applicant's operations at the Subject Property (e.g. raw materials unloaded at rear loading dock, formed into widgets inside the main building, finished widgets transported off site by trucks at front loading dock, raw material scrap stored in bins & picked up by trucks transporting materials to recycling center). Identify all points at which Hazardous Material is handled, accumulated, stored, treated, transferred, released or disposed of. Attach as Attachment C a process flow diagram.
3. Physical Description of Property
(a) Please describe all structures on the Subject Property (including approximate age) and attach as Attachment D a facility map:
(b) Are there, or have there been any tanks, sumps, ponds, lagoons and other containments (whether under or above ground, inside or outside of any structure) on the Subject Property?
Yes
No
If yes, please attach as Attachment E a list describing such containments (including their size, age, and location) and, where possible, list all substances known to be (or have been) stored or deposited therein.
(c) How and how often are these containers and storage areas checked for leaks or spills? For those containments no longer in use, describe how the containment was closed and attach as Attachment E all supporting documentation.
(d) Have any barrels, cans, bags or other containers which have at any time contained Hazardous Material (whether empty or not) been stored or discarded on the Subject Property (whether outside, buried or within a structure)?
Yes
No
Do not know
If yes, please describe and list methods and location of storage and disposal:
(e) Are there any refuse, storage or other disposal areas on the Subject Property?
Yes
No
If yes, please describe and locate on the Attachment D facilities map such facilities and describe the procedures for storage, collection, and disposal of refuse utilized at the facility:
(f) How are empty containers and other garbage from activities on the Subject Property disposed of?
(g) Do any of the structures, paved areas and other work areas contain floor drains or other direct connections to drainage areas, sump, septic systems, or public sewer facilities?
Yes
No
If yes, please describe the drainage system, and the manner in which it is currently used in the Applicant's operation:
4. Building Materials & Components
(a) Were any of the structures on the Subject Property constructed, remodeled, or renovated between the years of 1920 and 1980?
Yes
No
If yes, please describe the construction, remodeling or renovation:
(b) Do any of the structures or improvements on the Subject Property contain asbestos materials (whether incorporated in structures or stored on site) such as ceiling tiles, flooring, insulation, furnace protection, fireproofing materials, duct tape, etc.?
Yes
No
Do not know
If yes, please describe (including age, condition and location):
(c) Has an asbestos expert or industrial hygienist inspected the Subject Property?
Yes
No
If yes, attach the report as Attachment G.
(d) Are there any transformers, capacitors or other electrical equipment in use or stored on site?
Yes
No
Do not know
If yes, please list:
C. Regulatory Information & History
1. Are there any permits or variances required for the waste or wastewater discharge arising from the current or proposed activities on the Subject Property?
Yes
No
Do not know
If “yes” please list permit or variance number, agency, date of issuance, date of expiration, if any, and attach a copy as Attachment H:
2. Are there any permits or variances necessary for the air emissions caused by current or proposed activities on the Subject Property?
Yes
No
Do not know
If yes, please give permit number, agency and date of issuance, date of expiration, if any, and attach a copy as Attachment I:
3. Are there any permits or variances necessary for underground tanks, sumps or other containments on the Subject Property?
Yes
No
Do not know
If yes, please list permit or variance number, agency and date of issuance, date of expiration, if any, and attach a copy as Attachment J:
4. Are any permits or variances necessary for Hazardous Material treatment, storage or disposal activities undertaken at the Subject Property?
Yes
No
Do not know
If yes, please list permit number, agency and date of issuance, date of expiration, if any, and attach a copy as Attachment K:
5. Are any other permits or variances necessary relative to the use, storage, handling, transportation or disposal of chemicals or other substances on the Subject Property?
Yes
No
Do not know
If yes, please list permit number(s), agency(ies) and date(s) of issuance, date of expiration, if any, and attach a copy as Attachment L:
6. Has any government agency issued any letter, notice or verbal communication indicating that it intended to investigate or seek information concerning environmental matters relating to the Subject Property?
Yes
No
Do not know
If yes, please specify and attach a copy as Attachment M:
7. Has any Hazardous Material ever been spilled, deposited, leaked, leached, disposed of or otherwise placed on or in the Subject Property?
Yes
No
If yes, please specify, and detail response and cleanup activities undertaken including any governmental agencies contacted, and attach as Attachment N copies of any reports, studies, plans or other documents generated:
8. Is the Subject Property or any activity conducted thereon in violation of or subject to penalty under any law, ordinance, rule or regulation relating to Hazardous Material, or the protection of the environment?
Yes
No
If yes, please specify and explain:
9. Has the Subject Property been designated, listed or identified in any manner by the United States Environmental Protection Agency (the “EPA”) or any other governmental agency as a Hazardous Material disposal or removal site, superfund or cleanup site or candidate for removal or closure pursuant to any federal, state, or local law?
Yes
No
If yes, please describe:
Attach as Attachment O copies of any warnings, citations, notices of violation, enforcement actions and administrative and judicial complaints or orders, and correspondence related to any Hazardous Material or environmental law or regulation.
10. Are you aware of any litigation or threatened litigation pertaining to the Subject Property?
Yes
No
If yes, please describe and attach as Attachment P a copy of any pleading:
E. Applicant Information:
For each Applicant, and each enterprise involved in operations on the Subject Property, list the following:
1. EPA identification numbers:
2. Ongoing or threatened environmental cleanup activities for which the Applicant is or may be subject to lawsuit, demand, liability, or responsibility for the conduct of cleanup or payment of cleanup costs:
(c) List all related businesses of the Applicant. As used herein, the term “related” means that the Applicant owns 51% of another business, or another business owns 51% of the Applicant.
As the present owner of the Subject Property or an interest therein, or as an officer or as a general partner of the present owner of the Subject Property (or the duly authorized representative of such owner), the undersigned, and each of them, individually certifies that he or she is familiar with the Subject Property and with all of the operations presently conducted on the Subject Property, has made a reasonable inquiry into the present and former uses and activities conducted on the Subject Property, the present and former uses and activities conducted within the vicinity of that property, and all other matters relevant to a full disclosure of all environmental concerns and issues relative to the Subject Property, and that, to the best of the knowledge, information and belief of the undersigned, the information disclosed above is complete, true and correct. The undersigned acknowledges that the Coordinator intends to rely upon the disclosure made above or attached hereto in determining whether and on what terms it will make a loan to Applicant.
 
APPLICANT
By:
 
Title:
 
Date Signed:
 
Exhibit A
1. The term “Hazardous Material” shall have the meaning ascribed thereto to Title 10, Chapter 6.81, Section 8050(m) of the California Code of Regulations.
2. The term “permit” shall include any permit, registration, certification or other filing or action which must be obtained from, or filed with any government agency, or is otherwise required in order for the applicant for a loan to conduct operations, or own or operate any equipment or facility.
Exhibit B
The assessment asks for several attachments. Please clearly identify all attachments, and circle the below letters which correspond to the attachments enclosed. The descriptions are merely for reference, the full description of materials to be attached is listed in the assessment itself.
Attachment
Assessment #
Description
A
B.1.(g)
Previous environmental assessments
B
B.2.(b)
List of hazardous substances
C
B.2.(d)
Process flow diagram
D
B.3.(a)
Facility map
E
B.3.(b)
Containment list
F
B.3.(c)
Closed containment documentation
G
B.4.(c)
Asbestos reports
H
C.1.
Waste or wastewater discharge permits
I
C.2.
Air emission permits
J
C.3.
Underground tank permits
K
C.4.
Hazardous waste permits
L
C.5.
Chemical permits
M
C.6.
Government Agency environmental correspondence
N
C.7.
Release onto Subject Property
O
C.9.
Government listing of Subject Property
P
C.10.
Litigation

Credits

Note: Authority cited: Section 44520(a), Health and Safety Code. Reference: Sections 44533(b) and 44548, Health and Safety Code.
History
1. New article 6 and section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 4, § 8060, 4 CA ADC § 8060
End of Document