reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 16 - Illegal Drug Lab Cleanup › Section 79370.

79370. (a) For purposes of Chapter 6.5 (commencing with Section 25100) of Division 20, Chapter 6.9.1 (commencing with Section 25400.10) of Division 20, or this part, a person who is found to have operated a site for the purpose of manufacturing an illegal controlled substance or a precursor of an illegal controlled substance is the generator of a hazardous substance at, or released from, the site that is subject to removal action pursuant to this article.
(b) During the removal action, for purposes of complying with the manifest requirements in Section 25160, the department, the county health department, the local environmental health officer, or their designee may sign the hazardous waste manifest as the generator of the hazardous waste. In carrying out that action, the department, the county health department, the local environmental health officer, or their designee shall be considered to have acted in furtherance of their statutory responsibilities to protect the public health and safety and the environment from the release, or threatened release, of hazardous substances, and the department, the county health department, the local environmental health officer, or their designee is not a responsible party for the release, or threatened release, of the hazardous substances.
(c) The officer, investigator, or agency employee specified in Section 79355 is not a responsible party for the release, or threatened release, of hazardous substances at, or released from, the site.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 16 - Illegal Drug Lab Cleanup › Section 79375.

79375. The department may adopt regulations to implement this article in consultation with appropriate law enforcement and local environmental agencies.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 16 - Illegal Drug Lab Cleanup › Section 79380.

79380. (a) The department shall develop sampling and analytical methods for the collection of methamphetamine residue.
(b) The department shall, to the extent funding is available, develop health-based target remediation standards for iodine, methyl iodide, and phosphine.
(c) To the extent that funding is available, the department, using guidance developed by the Office of Environmental Health Hazard Assessment, may develop additional health-based target remediation standards for additional precursors and byproducts of methamphetamine.
(d) The department shall adopt investigation and cleanup procedures for use in the remediation of sites contaminated by the illegal manufacturing of methamphetamine. The procedures shall ensure that contamination by the illegal manufacturing of methamphetamine can be remediated to meet the standards adopted pursuant to subdivisions (b) and (c), to protect the health and safety of all future occupants of the site.
(e) The department shall implement this section in accordance with Section 79375.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 16 - Illegal Drug Lab Cleanup › Section 79385.

79385. The responsibilities assigned to the department by this article apply only to the extent that sufficient funding is made available for that purpose.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 5 - Cleanup of Hazardous Substance Releases › ARTICLE 17 - Judicial Review of Response Actions › Section 79400.

79400. (a) In any judicial action under this part, judicial review of any issues concerning the adequacy of any response action taken or ordered by the department shall be limited to the administrative record. Otherwise applicable principles of administrative law shall govern whether any supplemental materials may be considered by the court.
(b) If the court finds that the selection of the response action was not in accordance with law, the court shall award only the response costs or damages that are not inconsistent with the national contingency plan, as specified in Part 300 (commencing with Section 300.1) of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations, and any other relief that is consistent with the national contingency plan.
(c) In reviewing an action brought by the department under this part, in which alleged procedural errors by the department are raised as a defense, the court may impose costs or damages only if the errors were serious and related to matters of central relevance to the action, so that the action would have been significantly changed had the errors not been made.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 6 - Site-Specific Rules Related to Cleanup › ARTICLE 1 - Financial Provisions › Section 79450.

79450. (a) Money deposited in the state account may also be appropriated by the Legislature to the department on a specific site basis for the following purposes:
(1) For all costs incurred in restoring, rehabilitating, replacing, or acquiring the equivalent of, any natural resource injured, degraded, destroyed, or lost as a result of any release of a hazardous substance, to the extent the costs are not reimbursed pursuant to the federal act and taking into account processes of natural rehabilitation, restoration, and replacement.
(2) For all costs incurred in assessing short-term and long-term injury to, degradation or destruction of, or any loss of any natural resource resulting from a release of a hazardous substance, to the extent that the costs are not reimbursed pursuant to the federal act.
(b) No costs may be incurred for any release of a hazardous substance from any facility or project pursuant to subdivision (a) for injury, degradation, destruction, or loss of any natural resource where the injury, degradation, destruction, or loss was specifically identified as an irreversible and irretrievable commitment of natural resources in an environmental impact statement prepared under the authority of the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.), or was identified as a significant environmental effect to the natural resources that cannot be avoided in an environmental impact report prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), and a decision to grant a permit, license, or similar authorization for any facility or project is based upon a consideration of the significant environmental effects to the natural resources, and the facility or project was otherwise operating within the terms of its permit, license, or similar authorization at the time of release.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 6 - Site-Specific Rules Related to Cleanup › ARTICLE 2 - Santa Susana Field Laboratory › Section 79465.

79465. (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 this part or Chapter 6.5 (commencing with Section 25100) of Division 20 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. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 6 - Site-Specific Rules Related to Cleanup › ARTICLE 3 - Stringfellow Quarry Class I Hazardous Waste Disposal Site › Section 79490.

79490. (a) Any treatment, storage, transfer, or disposal facility built on the Stringfellow Quarry Class I Hazardous Waste Disposal Site, that was built for the purpose of a remedial or removal action at that site, shall only be used to treat, store, transfer, or dispose of hazardous substances removed from that site.
(b) No sample or waste from a site other than the Stringfellow Quarry shall be treated, stored, transferred to, or disposed of at the Stringfellow Quarry Class I Hazardous Waste Disposal Site. For purposes of this subdivision, waste includes, but is not limited to, hazardous waste, liquid waste, and solid waste. For the purposes of this subdivision, a “sample” includes, but is not limited to, the samples listed in Section 66261.4 of Title 22 of the California Code of Regulations, as it read on June 1, 2023.
(c) (1) If any material or substance that is generated from a site other than the Stringfellow Quarry, other than those necessary to implement the ongoing cleanup of the Stringfellow Quarry Class I Hazardous Waste Disposal Site, is treated, stored, transferred to, or disposed of at the Stringfellow Class I Hazardous Waste Site, then the department shall, no later than three business days before the treatment, storage, transfer, or disposal is scheduled to occur, notify the City of Jurupa Valley, the Riverside County Board of Supervisors, and the Secretary for Environmental Protection, and post a notification on its internet website.
(2) If the treatment, storage, transfer, or disposal of any material or substance pursuant to paragraph (1) does not occur on the time and date indicated in the notification provided by the department, the department shall provide the City of Jurupa Valley, the Riverside County Board of Supervisors, and the Secretary for Environmental Protection with subsequent notification of the new time and date, and post a notification on its internet website.
(Amended by Stats. 2023, Ch. 165, Sec. 2. (AB 777) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 6 - Site-Specific Rules Related to Cleanup › ARTICLE 3 - Stringfellow Quarry Class I Hazardous Waste Disposal Site › Section 79495.

79495. Notwithstanding any other provision of law, including, but not limited to, Article 5 (commencing with Section 78760) of Chapter 4, the department shall place the highest priority on taking removal and remedial actions at the Stringfellow Quarry Class I Hazardous Waste Disposal Site and shall devote sufficient resources to accomplish the tasks required by this section.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 7 - Enforcement › ARTICLE 1 - Noncompliance with Order › Section 79550.

79550. Any person subject to a removal or remedial action order or other order issued pursuant to Section 78660, 78870, or 79055 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 79590.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 7 - Enforcement › ARTICLE 1 - Noncompliance with Order › Section 79555.

79555. (a) (1) 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.
(2) 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.
(3) 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) (1) One-half of any treble damages awarded pursuant to this section shall be paid to the department, for deposit in the state account.
(2) 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.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 7 - Enforcement › ARTICLE 2 - Response Actions › Section 79570.

79570. (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 either an order of the director, pursuant to Section 78870, or an order of the court, pursuant to Section 78660, is liable to the department for damages equal to three times the amount of any costs incurred by the state account pursuant to this part 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. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 7 - Enforcement › ARTICLE 3 - Natural Resources Damages › Section 79580.

79580. There shall be no recovery of punitive damages under Section 79570 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. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 7 - Enforcement › ARTICLE 4 - Administrative Process for Penalty Collection › Section 79590.

79590. (a) (1) The department may issue a complaint to any person subject to a penalty pursuant to Sections 78680 and 79550.
(2) The complaint shall allege the acts or failures to act that constitute a basis for liability and the amount of the proposed penalty.
(3) The complaint shall be served by personal service or certified mail and shall inform the party so served of the right to a hearing.
(b) (1) Any person served with a complaint pursuant to this section 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.
(2) 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.
(3) 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.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 7 - Enforcement › ARTICLE 4 - Administrative Process for Penalty Collection › Section 79595.

79595. (a) Any hearing required under this article 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.
(b) 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.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 7 - Enforcement › ARTICLE 4 - Administrative Process for Penalty Collection › Section 79600.

79600. All penalties collected under this article and Section 79550 shall be deposited in the state account and shall be available for expenditure by the department upon appropriation by the Legislature.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 1 - General Provisions › Section 79650.

79650. (a) A cost incurred by the department or regional board in carrying out or overseeing a response or a corrective action under this part or Chapter 6.5 (commencing with Section 25100) of Division 20 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.
(b) 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.
(c) The amount of any response or corrective action costs that may be recovered pursuant to this section shall include interest on any amount paid.
(d) 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 79105.
(e) Nothing in this section deprives a party of any defense that the party may have.
(f) Moneys recovered by the Attorney General pursuant to this section shall be deposited in the state account.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 1 - General Provisions › Section 79655.

79655. (a) (1) Until June 30, 2021, except as provided in subdivision (b), a monetary obligation to the department pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20 shall be subject to interest from the date of the demand at an interest rate of 7 percent per annum.
(2) Commencing July 1, 2021, except as provided in subdivision (b), a monetary obligation to the department pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20 shall be subject to interest from the date of the demand at an interest rate of 10 percent per annum, except that, for obligations of local governments, the interest rate shall be 7 percent per annum.
(b) (1) The department shall waive the interest described in subdivision (a) if the obligation is satisfied within 60 days from the date of invoice.
(2) If, within 45 days of receiving an invoice, the liable person provides written notice to the department in accordance with its invoice dispute resolution procedures disputing in good faith the monetary obligation specified in the invoice, or a portion thereof, the department shall waive the interest until the dispute is resolved.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 1 - General Provisions › Section 79660.

79660. The entry of judgment against any party to the action shall not be deemed to bar any future action by the state account against any person who is later discovered to be potentially liable for costs and expenditures paid by the state account.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 1 - General Provisions › Section 79665.

79665. The standard of liability for costs recoverable pursuant to this part is strict liability.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 1 - General Provisions › Section 79670.

79670. (a) A person who has incurred response or corrective action costs in accordance with this part, Chapter 6.5 (commencing with Section 25100) of Division 20, or the federal act may seek contribution or indemnity from any person who is liable pursuant to this part.
(b) An action to enforce a claim may be brought as a cross-complaint by any defendant in an action brought pursuant to Section 79650 or this section, or in a separate action after the person seeking contribution or indemnity has paid response or corrective action costs in accordance with this part, Chapter 6.5 (commencing with Section 25100) of Division 20, or the federal act.
(c) A plaintiff or cross-complainant seeking contribution or indemnity shall give written notice to the director upon filing an action or cross-complaint under this section.
(d) In resolving claims for contribution or indemnity, the court may allocate costs among liable parties using appropriate equitable factors.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 2 - Recovery of Specific Costs or Funds › Section 79680.

79680. Notwithstanding any provision of Section 78165, any costs incurred and payable from the Hazardous Substance Account, the Hazardous Waste Control Account, or the Site Remediation Account prior to July 1, 2006, to implement this part, shall be recoverable from the liable person pursuant to Section 79650 as if the costs were incurred and payable from the state account.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 2 - Recovery of Specific Costs or Funds › Section 79685.

79685. Notwithstanding Section 78850, the Governor, or the authorized representative of the state, shall act on behalf of the public as trustee of the natural resources to recover costs expended pursuant to Section 79450.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 2 - Recovery of Specific Costs or Funds › Section 79690.

79690. The department shall recover any funds expended pursuant to subdivision (a) or (b) of Section 79070 to the maximum possible extent pursuant to Section 79650.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 3 - Parties › Section 79700.

79700. The state account shall be a party in any action for recovery of costs or expenditures under this part incurred from the state account.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 3 - Parties › Section 79705.

79705. (a) In the event a district attorney, county counsel, or a city attorney has brought an action for civil or criminal penalties pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 against a person for the violation of any provision of that chapter, or any rule, regulation, permit, covenant, standard, requirement, or order issued, adopted, or executed thereunder, and the department has expended moneys from the state account pursuant to Section 78875 for immediate corrective action in response to a release, or threatened release, of a hazardous substance that has resulted, in whole or in part, from the person’s acts or omissions, the state account may be made a party to that action for the purpose of recovering the costs against that person.
(b) (1) If the state account is made a party to the action, the Attorney General shall represent the state account for the purpose of recovering the moneys expended from the account.
(2) Notwithstanding any other provision of law, and under terms that the Attorney General and the department deem appropriate, the Attorney General may delegate the authority to recover the costs to the district attorney, county counsel, or city attorney who has brought the action pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20.
(c) The failure to seek the recovery of moneys expended from the state account as part of the action brought pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 does not foreclose the Attorney General from recovering the moneys in a separate action.
(Amended by Stats. 2023, Ch. 154, Sec. 14. (SB 642) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 3 - Parties › Section 79710.

79710. Upon motion and sufficient showing by any party, the court shall join to the action any person who may be liable for costs or expenditures of the type recoverable under this part.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 4 - Timing › Section 79725.

79725. An action may be commenced under Section 79650 or 79685 at any time prior to expiration of the applicable limitations period provided for by this article.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 4 - Timing › Section 79730.

79730. (a) (1) Except as provided in paragraph (2) and subdivision (b), an action under Section 79650 for the recovery of costs incurred by the department or a regional board in carrying out or overseeing a response or corrective action pursuant to this part or Chapter 6.5 (commencing with Section 25100) of Division 20, or as otherwise authorized by law, shall be commenced within three years after completion of all response or corrective actions has been certified by the department or a regional board.
(2) If operation and maintenance is required as part of the response or corrective action, the action for recovery of costs incurred by the department or a regional board shall be commenced within three years after completion of operation and maintenance has been certified by the department or a regional board.
(b) No action described in subdivision (a) may be brought that, as of December 31, 2015, had not been commenced by the department within three years after the certification of the completion of the removal or remedial action.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 4 - Timing › Section 79735.

79735. An action under Section 79685 for costs incurred by the department for the purposes specified in Section 79450 shall be commenced within three years after certification by the department of the completion of the activities authorized under Section 79450.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 4 - Timing › Section 79740.

79740. (a) (1) In an action described in Section 79730 or 79735 for recovery of response or corrective action costs, oversight costs, or damages, where the court has entered a judgment for past costs or damages, the court shall also enter an order reserving jurisdiction over the case and the court shall have continuing jurisdiction to determine any future liability and the amount of the future liability.
(2) The department or regional board may immediately enforce the judgment for past costs and damages.
(b) The department or the regional board may apply for a court judgment for further costs and damages that have been incurred during the response or corrective action, operation and maintenance, or during the performance of the activities authorized by Section 79450, but the application shall be made not later than three years after the certification of completion of the response or corrective action, operation and maintenance, or activities authorized pursuant to Section 79450.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 4 - Timing › Section 79745.

79745. This article does not apply to a cost recovery action brought by a regional board under the Water Code.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 5 - Scope of Liability › Section 79760.

79760. (a) Except as provided in Section 79765, a party found liable for costs recoverable under this part who establishes by a preponderance of the evidence that only a portion of those costs are attributable to that party’s actions shall be required to pay only for that portion.
(b) Except as provided in Section 79765, if the trier of fact finds the evidence insufficient to establish each party’s portion of costs under subdivision (a), the court shall apportion those costs, to the extent practicable, according to equitable principles, among the defendants.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 5 - Scope of Liability › Section 79765.

79765. Notwithstanding this part, a response action contractor who is found liable for any costs recoverable under this part and who establishes by a preponderance of the evidence that only a portion of those costs are attributable to the response action contractor’s actions shall be required to pay only that portion of the costs attributable to the response action contractor’s actions.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 6 - Liability of Residential Property Owner › Section 79780.

79780. For purposes of this article, the following definitions apply:
(a) “Owner” means either (1) the owner of property who occupies a single-family residence or one-half of a duplex constructed on the property, or (2) the owner of common areas within a residential common interest development who owns those common areas for the benefit of the residential homeowners. This subdivision does not include the developer of the common interest development.
(b) “Property” means either (1) real property of five acres or less that is zoned for, and on which has been constructed, a single-family residence, or (2) common areas within a residential common interest development.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 6 - Liability of Residential Property Owner › Section 79785.

79785. Notwithstanding any other provision of this part, this article governs liability pursuant to this part for an owner of property.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 6 - Liability of Residential Property Owner › Section 79790.

79790. (a) Notwithstanding any other provision of this part, an owner of property that is the site of a hazardous substance release is presumed to have no liability pursuant to this part for either of the following:
(1) A hazardous substance release that has occurred on the property.
(2) A release of a hazardous substance to groundwater underlying the property if the release occurred at a site other than the property.
(b) The presumption may be rebutted as provided in Section 79800.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 6 - Liability of Residential Property Owner › Section 79795.

79795. An action for recovery of costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release may not be brought against an owner of property unless the department first certifies that, in the opinion of the department, one of the following applies:
(a) The hazardous substance release that occurred on the property occurred after the owner acquired the property.
(b) The hazardous substance release that occurred on the property occurred before the owner acquired the property and at the time of acquisition the owner knew or had reason to know of the hazardous substance release.
(c) The owner of property where there has been a release of a hazardous substance to groundwater underlying the property took, or is taking, one or more of the following actions:
(1) Caused or contributed to a release of a hazardous substance to the groundwater.
(2) Fails to provide the department, or its authorized representative, with access to the property.
(3) Interferes with response action activities.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 6 - Liability of Residential Property Owner › Section 79800.

79800. In an action brought against an owner of property to recover costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release, the presumption established in Section 79790 may be rebutted if it is established by a preponderance of the evidence that the facts upon which the department made the certification pursuant to subdivision (a), (b), or (c) of Section 79795 are true.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 7 - Liability of Easement Holder or Special District › Section 79810.

79810. For the purposes of this article, the following terms have the following meaning:
(a) “Easement” means a conservation easement, as defined in Section 815.1 of the Civil Code.
(b) “Environmental assessment” means an investigation of real property, conducted by an independent qualified environmental consultant, to discover the presence or likely presence of a release or a threat of a release of a hazardous substance at, on, to, or from the real property. An environmental assessment shall include, but is not limited to, an investigation of the historical use of the real property, any prior releases, records, consultant reports and regulatory agency correspondence, a visual survey of the real property, and, if warranted, sampling and analytical testing.
(c) “Owner” means either of the following:
(1) An independent special district, as defined in Section 56044 of the Government Code.
(2) An entity or organization that holds an easement.
(d) “Property” means either of the following:
(1) Real property acquired by a special district by means of a gift or donation for which an environmental assessment was completed prior to the transfer or conveyance of the real property to the special district.
(2) An easement for which an environmental assessment was completed prior to the transfer or conveyance of the easement to an entity or organization authorized to accept the easement pursuant to Section 815.3 of the Civil Code.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 7 - Liability of Easement Holder or Special District › Section 79815.

79815. (a) Notwithstanding any other provision of this part, this article governs liability pursuant to this part for an owner of property.
(b) This article is applicable only to property that is acquired by the owner on or after January 1, 1995.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 7 - Liability of Easement Holder or Special District › Section 79820.

79820. (a) Notwithstanding any other provision of this part, if an environmental assessment of property discovers no evidence of the presence or likely presence of a release or a threat of a release of a hazardous substance, and a hazardous substance release is subsequently discovered on, to, or from that property, the owner of that property is entitled to a rebuttable presumption, affecting the burden of producing evidence, that the owner is not a liable person or responsible party for purposes of this part. An owner is entitled to this presumption whether the action is brought by the state or by a private party seeking contribution or indemnification.
(b) In an action brought against an owner of property to recover costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release, the presumption may be rebutted if it is established by a preponderance of the evidence that the facts upon which the department made the certification pursuant to subdivision (a), (b), (c), or (d) of Section 79825 are true.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)
2023 California Code › Health and Safety Code - HSC › DIVISION 45 - HAZARDOUS SUBSTANCE RESPONSE › PART 2 - HAZARDOUS SUBSTANCE ACCOUNT › CHAPTER 8 - Cost Recovery › ARTICLE 7 - Liability of Easement Holder or Special District › Section 79825.

79825. An action for recovery of costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release shall not be brought against an owner of property unless the department first certifies that, as found by the department, one of the following situations applies:
(a) The hazardous substance release occurred on or after the date that the owner acquired the property.
(b) The hazardous substance release occurred before the date that the owner acquired the property and, at the time of the acquisition, the owner knew, or had reason to know, of the hazardous substance release.
(c) The environmental assessment applicable to the property was not properly carried out, was fraudulently completed, or involves the negligent or intentional nondisclosure of information.
(d) The hazardous substance release was discovered on or after the date of acquisition and the owner failed to exercise due care with respect to the release, taking into consideration the characteristics of the hazardous substance in light of all relevant facts and circumstances.
(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)