California Environmental…

                                             California Environmental Protection Agency
                                               Department of Toxic Substances Control
                                                                   (Date: December 20, 1999)




    FACT SHEET ON RECORDED LAND USE RESTRICTIONS
                   (Assembly Bill 871)
NEW LEGISLATION

        Assembly Bill (AB) 871 (Wayne) (Chapter 430, Stats. 1998) became effective on
January 1, 1999. Pursuant to AB 871, Department of Toxic Substances Control (DTSC) is
required to maintain a list of all land use restrictions recorded pursuant to Health and
Safety Code sections 25200, 25200.10, 25202.5, 25222.1, 25229, 25230, 25355.5, and
25398.7. (All references herein are to the Health and Safety Code unless otherwise
stated.) At a minimum, this list must provide the street address, or if a street address is
not available, an equivalent description of location for a rural location or the latitude and
longitude of each property. DTSC is also required to update the list as new land use
restrictions are recorded, and make the list available to the public, upon request, and place
the list on the DTSC Internet website.

       The list of recorded land use restrictions will also be incorporated into the list of
sites compiled pursuant to Government Code section 65962.5, known as the "Cortese
List." The Cortese List should contain all hazardous waste facilities subject to corrective
action, (section 25187.5), all hazardous waste property or border zone property
designations (section 25220), all information received on hazardous waste disposals on
public land (section 25242), all hazardous substance release sites listed pursuant to
section 25356, and all sites that were included in the former Abandoned Site Assessment
Program (this program no longer exists).

PURPOSE OF RECORDED LAND USE RESTRICTIONS

        Recorded land use restrictions are land use covenants which can specify
requirements or limit the use of real property and affect the title to property. Land use
restrictions are recorded at a county recorder's office so that they will be found during a
title search of county records. Land use restrictions entered into or required by DTSC "run
with the land," i.e., are binding on current and subsequent property owners, and remain in
effect until they are formally removed or modified. The purpose of recorded land use
restrictions is to protect the public health and safety on contaminated land or the
surrounding property when there is residual contamination on a property. The
contamination could be hazardous waste or substances that are left in place upon closure

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of a hazardous waste disposal facility, or left in place as part of either a short or long-term
stabilization action, a corrective action, or a planned remedial action.

LAND USE RESTRICTIONS ARE TYPICALLY USED TO DO THE FOLLOWING:

C      Prevent inappropriate land use on property containing residual contamination or the
       surrounding property;
C      Guarantee that information about property containing residual contamination is
       available to local governments and the public;
C      Disclose to real estate transactions participants (buyers, sellers, lending
       institutions, brokers, title companies) that the property in question contains residual
       contamination;
C      Ensure that long-term mitigation measures or monitoring requirements are carried
       out and maintained;
C      Ensure that the integrity and stability of the remedy is maintained;
C      Ensure that subsequent property owners or lessees have a duty to assume
       responsibility for any requirements or restrictions pertaining to residual
       contamination when they take over the property;
C      Ensure that DTSC will be contacted prior to change in land use or the cleanup
       remedy; and
C      Ensure that only DTSC can terminate or modify the remedy.

       The use of recorded land use restrictions is one of the methods that DTSC uses to
protect the public from unsafe exposures to hazardous substances and wastes. DTSC's
use of recorded land use restrictions meets statutory requirements identified in Chapters
6.5, 6.8, and 6.85 of the California Health and Safety Code.

AVAILABILITY

       In the future (sometime in 2000), DTSC's deed restriction list will be available via
the Internet, by connecting to DTSC's home page at: www.dtsc.ca.gov. At this time, you
may obtain a copy of the Site Mitigation Program's list of recorded land use restrictions by
contacting the office listed below.

       Department of Toxic Substances Control
       Site Mitigation Program/CalSites
       Planning and Policy Unit
       P.O. Box 806
       Sacramento, CA 95812-0806
       (916) 323-3400




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