California Code of Regulations
Title 4 - Business Regulations
Division 11 - California Pollution Control Financing Authority
Article 6 - Environmental Assessment
Section 8060 - Environmental Assessment
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
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"
Yes
No
If yes, state how this inquiry was conducted and what issues and sources were examined:
B. PROPERTY INFORMATION
Year acquired:
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):
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):
Yes
No
Do not know
If yes, please describe:
Yes
No
If yes, please list the prior zonings and the dates each such zoning was in effect.
Yes
No
If yes, please describe and attach as Attachment A any reports, studies, plans or other documents related thereto.
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.
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?
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.
Yes
No
Do not know
If yes, please describe and list methods and location of storage and disposal:
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:
Yes
No
If yes, please describe the drainage system, and the manner in which it is currently used in the Applicant's operation:
Yes
No
If yes, please describe the construction, remodeling or renovation:
Yes
No
Do not know
If yes, please describe (including age, condition and location):
Yes
No
If yes, attach the report as Attachment G.
Yes
No
Do not know
If yes, please list:
C. Regulatory Information & History
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:
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:
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:
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:
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:
Yes
No
Do not know
If yes, please specify and attach a copy as Attachment M:
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:
Yes
No
If yes, please specify and explain:
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.
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:
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
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 | |
1. New article 6 and section filed 10-11-94; operative 11-10-94 (Register 94, No. 41).
Note: Authority cited: Section 44520(a), Health and Safety Code. Reference: Sections 44533(b) and 44548, Health and Safety Code.
