BlackletterCalifornia law

CHAPTER 8. Cost Recovery [79650. - 79955.]

Chapter 8 added by Stats. 2022, Ch. 257, Sec. 2.

§§ 79650–79955 · 45 sections

  1. ARTICLE 1. General Provisions §§ 79650–79670 · 5 sections
    • § 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…
    • § 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…
    • § 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…
    • § 79665 The standard of liability for costs recoverable pursuant to this part is strict liability.
    • § 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…
  2. ARTICLE 2. Recovery of Specific Costs or Funds §§ 79680–79690 · 3 sections
    • § 79680 Notwithstanding any provision of Section 78165, any costs incurred and payable from the Hazardous Substance Account, the Hazardous Waste Control Account, or…
    • § 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…
    • § 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.
  3. ARTICLE 3. Parties §§ 79700–79710 · 3 sections
    • § 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.
    • § 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…
    • § 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…
  4. ARTICLE 4. Timing §§ 79725–79745 · 5 sections
    • § 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.
    • § 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…
    • § 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…
    • § 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…
    • § 79745 This article does not apply to a cost recovery action brought by a regional board under the Water Code.
  5. ARTICLE 5. Scope of Liability §§ 79760–79765 · 2 sections
    • § 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…
    • § 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…
  6. ARTICLE 6. Liability of Residential Property Owner §§ 79780–79800 · 5 sections
    • § 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…
    • § 79785 Notwithstanding any other provision of this part, this article governs liability pursuant to this part for an owner of property.
    • § 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…
    • § 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…
    • § 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…
  7. ARTICLE 7. Liability of Easement Holder or Special District §§ 79810–79825 · 4 sections
    • § 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…
    • § 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…
    • § 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…
    • § 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…
  8. ARTICLE 8. Liability of Operator for Household Hazardous Waste or Used Oil Collection Program §§ 79840–79850 · 3 sections
    • § 79840 For purposes of this article, “household hazardous waste collection program” means a program or facility, specified in Section 25218.1, in which hazardous…
    • § 79845 A public agency operating a household hazardous waste collection program or a person operating a household hazardous waste collection program under a written…
    • § 79850 Except as provided in Section 79845, this article does not affect or modify the obligations or liabilities of a person imposed pursuant to state or federal law.
  9. ARTICLE 9. Liability Agreements §§ 79860–79865 · 2 sections
    • § 79860 Except as provided in Article 10 (commencing with Section 79875), no indemnification, hold harmless, conveyance, or similar agreement shall be effective to…
    • § 79865 The repeal of Section 25364.6, pursuant to Chapter 1226 of the Statutes of 1998, shall not affect any indemnity provided pursuant to that section for any cause…
  10. ARTICLE 10. Former Kaiser Steel Corporation Steel Mill Site §§ 79875–79900 · 6 sections
    • § 79875 For purposes of this article, the following definitions shall apply: (a) “Affiliate” means any entity that directly, or indirectly through one or more…
    • § 79880 Notwithstanding any other provision of law, except as provided in Sections 79885 and 79890, the director may release from liability under this part or Chapter…
    • § 79885 A release from liability shall not be granted pursuant to Section 79880 unless all of the following conditions are met: (a) A responsible party owner has…
    • § 79890 Notwithstanding any other provision of this article, a release from liability granted pursuant to Section 79880 shall not extend to any of the following: (a)…
    • § 79895 Any release from liability granted by the director pursuant to this article shall contain the following provision: “If, for any reason, the responsible party…
    • § 79900 The site may be subdivided to create subdivided parcels of land, pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of…
  11. ARTICLE 11. Costs Incurred at BKK Landfill Site § 79910 · 1 section
    • § 79910 (a) Notwithstanding any other provision of this chapter, the costs incurred by a state agency to take a hazardous substance response action at the BKK…
  12. ARTICLE 12. Settlement § 79920 · 1 section
    • § 79920 (a) The department shall, if it determines that it is practicable and in the public interest, propose a final administrative or judicial expedited settlement…
  13. ARTICLE 13. Liens §§ 79935–79955 · 5 sections
    • § 79935 (a) (1) Any costs or damages incurred by the department or regional board pursuant to this part constitute a claim and lien upon the real property owned by the…
    • § 79940 The lien imposed by this article shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the…
    • § 79945 (a) The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record, as shown on the…
    • § 79950 The department shall not be considered a responsible party for a hazardous substance release site because a claim and lien is imposed pursuant to this article.
    • § 79955 All funds recovered pursuant to this article shall be deposited in the state account.