reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 25358.7.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25358.7.1.

25358.7.1.  (a)  At each site, a community advisory group may be established by the affected community to review any response action and comment on the response action to be conducted in that community. The department or regional board shall regularly communicate, and confer as appropriate, with the community advisory committee. The department or regional board shall also advise local environmental regulatory agencies and other appropriate local agencies of planned response actions and provide opportunities for review and comment. If the department or regional board, whichever is overseeing a response action, receives a petition signed by at least 50 members of a community affected by the response action at a site or a resolution adopted by the legislative body of the jurisdiction within which the response action has been or will be initiated, the department or regional board shall assist the petitioners or the legislative body to establish a community advisory group to review the response action at the site. (b)  To the extent possible, the composition of each community advisory group shall reflect the composition of the affected community and the diversity of interests of the community by including all of the following types of individuals on the community advisory group: (1)  Persons owning or residing on property located near the hazardous substance release site or in an adjacent community, or other persons who may be directly affected by the response action. (2)  Individuals from the local business community. (3)  Local political or government agency representatives. (4)  Local citizen, civic, environmental, or public interest group members residing in the community. (c)  The following entities may participate in community advisory group meetings in order to provide information and technical expertise: (1)  The department or regional boards. (2)  Representatives of local environmental regulatory agencies. (3) The potentially responsible parties or other persons who are conducting the response action.(d)  The existence of a community advisory group shall not diminish any other obligation of the department or regional board with respect to public participation requirements specified in Section 25358.7. Nothing in this section shall affect the status of any citizen advisory group formed before the enactment of this section, a federal Department of Defense Restoration Advisory Board, or a federal Department of Energy Advisory Board. (Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25358.7.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25358.7.2.

25358.7.2.  (a)  On or before July 1, 2000, the department and the State Water Resources Control Board shall establish two community service offices, one to serve northern California and the other to serve southern California. With regard to sites listed pursuant to Section 25356 where the department or regional board is taking action to investigate or remediate the site, the community assistance offices shall facilitate communication between the department or regional board, the responsible parties, and the affected community, including any community advisory group that may have been formed in the community where the hazardous substance release site is located. (b)  Notwithstanding subdivision (c) of Section 25390.3, the department and, if appropriate, the State Water Resources Control Board shall expend a total of four hundred thousand dollars ($400,000) per year from the Orphan Share Reimbursement Trust Fund established pursuant to Article 7.8 (commencing with Section 25390) on the operation of the community service offices established pursuant to this section. The offices shall use these funds to provide direct technical and logistical support to any community advisory group established pursuant to Section 25358.7.1. Funds allocated pursuant to this subdivision shall supplement, and not supplant, any funds expended for the purposes of developing and implementing other public participation activities required to be undertaken pursuant to this chapter, including, but not limited to, activities undertaken pursuant to the National Contingency Plan or the public participation workplan required to be adopted by the department pursuant to Section 25358.7. (c)  The State Water Resources Control Board may contract with the department to provide this service on behalf of a regional board if the State Water Resources Control Board finds that it would be more practical and economical to do so. (d)  In implementing this section, the department and the regional boards are not obligated to expend funds beyond the amounts appropriated in any fiscal year for purposes of developing and implementing public participation activities required by other provisions of this chapter unless the Orphan Share Reimbursement Trust Fund contains funding at the level specified in subdivision (b). (Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25358.8 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25358.8.

25358.8.  A community advisory group established pursuant to Section 25358.7.1 may request, in writing, and a potentially responsible party or parties may fund, a technical assistance grant for a site for the purpose of providing technical assistance to the community advisory group.(Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25358.9 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25358.9.

25358.9.  (a)  To the extent consistent with the Resource Conservation and Recovery Act of 1976, as amended, (42 U.S.C. Sec. 6901 et seq.), the department may exclude any portion of a response action conducted entirely onsite from the hazardous waste facility permit requirements of Section 25201 if both of the following apply: (1)  The removal or remedial action is carried out pursuant to a removal action work plan or a remedial action plan prepared pursuant to Section 25356.1. (2)  The removal action work plan or the remedial action plan requires that the response action complies with all laws, rules, regulations, standards, and requirements, criteria, or limitations applicable to the construction, operation, and closure of the type of facility at the hazardous substance release site and with any other condition imposed by the department as necessary to protect public health and safety and the environment. (b)  The department may enforce in the court for the county in which a response action exempted pursuant to subdivision (a) is located any federal or state law, rule, regulation, standard, requirements, criteria, or limitation with which the remedial or removal action is required to comply. Any consent decree entered into pursuant to an enforcement action authorized by this subdivision shall require the parties to attempt expeditiously to informally resolve any disagreements concerning the implementation of the response action with the appropriate federal and state agencies and shall provide for administrative enforcement. The consent decree shall stipulate that the penalty for violation of the consent decree shall be an amount not more than twenty-five thousand dollars ($25,000) per day, which may be enforced by the state. These penalties do not impair or affect the authority of the court to order compliance with the specific terms of the consent decree. (Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25359 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25359.

25359.  (a)  Any person who is liable for a release, or threat of a release, of hazardous substances and who fails, without sufficient cause, as determined by the court, to properly provide a removal or remedial action upon order of the director or the court, pursuant to Section 25358.3, is liable to the department for damages equal to three times the amount of any costs incurred by the state account pursuant to this chapter as a result of the failure to take proper action. (b)  No treble damages shall be imposed under this section against an owner of real property who did not generate, treat, transport, store, or dispose of any hazardous substance on, in, or at the facility located on that real property, as specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)). (Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25359.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25359.1.

25359.1.  There shall be no recovery of punitive damages under Section 25359 for an injury to or loss of natural resources that occurred wholly before September 25, 1981. This section shall not be construed as precluding the recovery of punitive damages for injury to or loss of natural resources in an action brought pursuant to any other provision of law.(Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25359.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25359.2.

25359.2.  Any person subject to a removal or remedial action order or other order issued pursuant to Section 25355.5 or 25358.3 who does not comply with that order without sufficient cause shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each day of noncompliance. Liability under this section may be imposed in a civil action or liability may be imposed administratively pursuant to Section 25359.3.(Added by Stats. 1999, Ch. 23, Sec. 2. Effective May 26, 1999.)
CA Health & Safety Code § 25359.3 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25359.3.

25359.3.  (a) The department may issue a complaint to any person subject to a penalty pursuant to Sections 25359.2 and 25359.4. The complaint shall allege the acts or failures to act that constitute a basis for liability and the amount of the proposed penalty. The complaint shall be served by personal service or certified mail and shall inform the party so served of the right to a hearing. Any person served with a complaint pursuant to this subdivision may, within 45 days after service of the complaint, request a hearing by filing a notice of defense with the department. A notice of defense is deemed to be filed within a 45-day period if it is postmarked within the 45-day period. If no notice of defense is filed within 45 days after service of the complaint, the department shall issue an order setting liability in the amount proposed in the complaint, unless the department and the party have entered into a settlement agreement, in which case the department shall issue an order setting liability in the amount specified in the settlement agreement. Where the party has not filed a notice of defense or where the department and the party have entered into a settlement agreement, the order shall not be subject to review by any court or agency.(b) Any hearing required under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all powers granted by those provisions. In making a determination, the administrative law judge shall consider the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health and safety or the environment, the violator’s ability to pay the proposed penalty, and the prophylactic effect that imposition of the proposed penalty will have on both the violator and on the regulated community as a whole.(c) All penalties collected under this section and Section 25359.2 shall be deposited in the state account and shall be available for expenditure by the department upon appropriation by the Legislature.(Amended by Stats. 2006, Ch. 77, Sec. 29. Effective July 18, 2006.)
CA Health & Safety Code § 25359.4 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25359.4.

25359.4.  (a) A person shall not release, or allow or cause a release of, a reportable quantity of a hazardous substance into the environment that is not authorized or permitted pursuant to state law.(b) Any release of a reportable quantity of hazardous substance shall be reported to the department in writing within 30 days of discovery, unless any of the following apply:(1) The release is permitted or in the permit process.(2) The release is authorized by state law.(3) The release requires immediate reporting to the Office of Emergency Services pursuant to Section 11002 or 11004 of Title 42 of the United States Code, or pursuant to Section 25507.(4) The release has previously been reported to the department or the Office of Emergency Services.(5) The release occurred prior to January 1, 1994.(c) For the purposes of this section, “reportable quantity” means either of the following:(1) The quantity of a hazardous substance established in Part 302 (commencing with Section 302.1) of Title 40 of the Code of Federal Regulations, the release of which requires notification pursuant to that part.(2) Any quantity of a hazardous substance that is not reportable pursuant to paragraph (1), but that may pose a significant threat to public health and safety or to the environment. The department may establish guidelines for determining which releases are reportable under this paragraph.(d) The owner of property on which a reportable release has occurred and any person who releases, or causes a reportable release and who fails to make the written report required by subdivision (b), shall be liable for a penalty not to exceed twenty-five thousand dollars ($25,000) for each separate violation and for each day that a violation continues. Each day on which the released hazardous substance remains is a separate violation unless the person has either filed the report or is in compliance with an order issued by a local, state, or federal agency with regard to the release.(e) Liability under this section may be imposed in a civil action or may be administratively imposed by the department pursuant to Section 25359.3.(f) If the violation of subdivision (b) results in, or significantly contributes to, an emergency, including, but not limited to, a fire, to which a county, city, or district is required to respond, the responsible party may be assessed the full cost of the emergency response by the city, county, or district.(Amended by Stats. 2013, Ch. 352, Sec. 352. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
CA Health & Safety Code § 25359.4.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25359.4.5.

25359.4.5.  (a) A responsible party who has entered into an agreement with the department and is in compliance with the terms of that agreement, or who is in compliance with an order issued by the department, may seek, in addition to contribution, treble damages from any contribution defendant who has failed or refused to comply with any order or agreement, was named in the order or agreement, and is subject to contribution. A contribution defendant from whom treble damages are sought in a contribution action shall not be assessed treble damages by any court where the contribution defendant, for sufficient cause, as determined by the court, failed to comply with an agreement or with an order issued by the department, or where the contribution defendant is an owner of real property who did not generate, treat, transport, store, or dispose of the hazardous substance on, in, or at the facility located on that real property, as specified in Sections 101 (35) and 107 (b) of the federal act (42 U.S.C. Secs. 9601 (35) and 9607 (b)), or where the principles of fundamental fairness would be violated, as determined by the court. A party seeking treble damages pursuant to this section shall show that the party, the department, or another entity provided notice, by means of personal service or certified mail, of the order or agreement to the contribution defendant from whom the party seeks treble damages.(b) One-half of any treble damages awarded pursuant to this section shall be paid to the department, for deposit in the state account. Nothing in this subdivision affects the rights of any party to seek contribution pursuant to any other statute or under common law.(c) A contribution defendant from whom treble damages are sought pursuant to this section shall be deemed to have acted willfully with respect to the conduct that gave rise to this liability for purposes of Section 533 of the Insurance Code.(Amended by Stats. 2006, Ch. 77, Sec. 30. Effective July 18, 2006.)
CA Health & Safety Code § 25359.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5 - Uses of the State Account|Section 25359.6.

25359.6.  (a) The director shall notify, within 20 working days, each of the appropriate county health officers as to all the potential abandoned sites of which the department has knowledge or which the department is investigating for releases of hazardous substances that may have occurred or might be occurring at abandoned sites. The county health officers may request quarterly updates on the status of the investigations of these sites.As used in this section, “abandoned site” means an inactive disposal, treatment, or storage facility which cannot, with reasonable effort, be traced to a specific owner, a site whose owner is the subject of an order for relief in bankruptcy, or a location where a hazardous substance has been illegally disposed.(b) Within 10 working days of the identification of an abandoned site, the department or a county health officer shall notify the other agency of the status of the site. The department and the county health officer shall inform the other agency of orders to fence and post these sites and the status of compliance with those orders. The department or the county health officers may request quarterly updates of the testing, enforcement action, and remedial or removal actions that are proposed or ongoing.(Amended by Stats. 2009, Ch. 500, Sec. 54. (AB 1059) Effective January 1, 2010.)
CA Health & Safety Code § 25359.20 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 5.5 - Cleanup of Santa Susana Field Laboratory|Section 25359.20.

25359.20.  (a) Notwithstanding paragraph (1) of subdivision (b) of Section 25187 of the Health and Safety Code, the department may use any legal remedies available pursuant to Chapter 6.8 (commencing with Section 25300) or Chapter 6.5 (commencing with Section 25100) to compel a responsible party or parties to take or pay for appropriate removal or remedial action necessary to protect the public health and safety and the environment at the Santa Susana Field Laboratory site in Ventura County.(b) A response action taken or approved at the Santa Susana Field Laboratory site shall be conducted in accordance with the provisions of this chapter.(c) A response action taken or approved pursuant to this chapter for the Santa Susana Field Laboratory site shall be based upon, and be no less stringent than, the provisions of Section 25356.1.5. In calculating the risk, the cumulative risk from radiological and chemical contaminants at the site shall be summed, and the land use assumption shall be either suburban residential or rural residential (agricultural), whichever produces the lower permissible residual concentration for each contaminant. In the case of radioactive contamination, the department shall use as its risk range point of departure the concentrations in the Preliminary Remediation Goals issued by the Superfund Office of the United States Environmental Protection Agency in effect as of January 1, 2007.(d) Notwithstanding any other provision of law regarding transfers of land, no person or entity shall sell, lease, sublease, or otherwise transfer land presently, or formerly occupied by the Santa Susana Field Laboratory, except as provided in subdivision (e).(e) As a condition for a sale, lease, sublease, or transfer of land presently or formerly occupied by the Santa Susana Field Laboratory, the Director of the Department of Toxic Substances Control or his or her designee shall certify that the land has undergone complete remediation pursuant to the most protective standards in subdivisions (a) to (c), inclusive.(Added by Stats. 2007, Ch. 729, Sec. 1. Effective January 1, 2008.)
CA Health & Safety Code § 25360 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS|CHAPTER 6.8 - Hazardous Substance Account|ARTICLE 6 - Recovery Actions|Section 25360.

25360.  (a) A cost incurred by the department or regional board in carrying out or overseeing a response or a corrective action under this chapter or Chapter 6.5 (commencing with Section 25100) shall be recoverable pursuant to state or federal law by the Attorney General, upon the request of the department or regional board, from the liable person or persons. The amount of any response or corrective action costs that may be recovered pursuant to this section shall include interest on any amount paid.(b) A person who is liable for response or corrective action costs incurred at a site shall have the liability reduced by any reimbursements that were paid by that person for that site pursuant to Section 25343.(c) The amount of response or corrective action costs incurred by the department or regional board shall be recoverable at the discretion of the department or regional board, either in a separate action or by way of intervention as of right in an action for contribution or indemnity. Nothing in this section deprives a party of any defense that the party may have.(d) Moneys recovered by the Attorney General pursuant to this section shall be deposited in the state account.(Amended by Stats. 2015, Ch. 456, Sec. 2. (AB 273) Effective January 1, 2016.)