SECTIONS 25299.70-25299.79 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25299.70-25299.79

25299.70. (a) Any costs incurred and payable from the fund pursuant
to subdivisions (c), (e), and (h) of Section 25299.51 shall be
recovered by the Attorney General, upon request of the board, from
the owner or operator of the underground storage tank which released
the petroleum and which is the subject of those costs or from any
other responsible party.
(b) The liability of an owner or operator shall be the full and
total costs specified in subdivision (a) if the owner or operator has
not complied with the requirements of Article 3 (commencing with
Section 25299.30) or has violated Section 25296.10 or any corrective
action order, directive, notification or approval order issued
pursuant to this chapter, Chapter 6.7 (commencing with Section
25280), or Division 7 (commencing with Section 13000) of the Water
Code. The liability of a responsible party who is not an owner or
operator shall be the full and total costs specified in subdivision
(a).
(c) The amount of costs determined pursuant to this section shall
be recoverable in a civil action. This section does not deprive a
party of any defense the party may have.
(d) All money recovered by the Attorney General pursuant to this
section shall be deposited in the fund.
(e) The amount of the costs constitutes a lien on the affected
property upon service of a copy of the notice of lien on the owner
and upon the recordation of a notice of lien, if the notice
identifies the property on which the condition was abated, the amount
of the lien, and the owner of record of the property, in the office
of the county recorder of the county in which the property is
located. Upon recordation, the lien shall have the same force,
effect, and priority as a judgment lien, except that it attaches only
to the property posted and described in the notice of lien, and
shall continue for 10 years from the time of the recording of the
notice, unless sooner released or otherwise discharged. Not later
than 45 days from the date of receipt of a notice of lien, the owner
may petition the court for an order releasing the property from the
lien or reducing the amount of the lien. In that court action, the
governmental agency that incurred the cleanup costs shall establish
that the costs were reasonable and necessary. The lien may be
foreclosed by an action brought by the board for a money judgment.

25299.72. 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 pursuant to this article.

25299.73. The standard of liability for any costs of corrective
action recoverable pursuant to this chapter is strict liability.

25299.74. (a) No indemnification, hold harmless, conveyance, or
similar agreement shall be effective to preclude any liability for
costs recoverable under this article. This section does not bar any
agreement to insure, hold harmless, or indemnify a party to the
agreement for any costs under this chapter.
(b) The entry of judgment against any party to the action does not
bar any future action by the fund against any person who is later
discovered to be potentially liable for costs paid from the fund.
(c) Payment of any claim by the fund pursuant to this chapter
shall be subject to the state acquiring by subrogation the rights of
the claimant to recover those costs of corrective action for which it
has compensated the claimant from the person responsible or liable
for the unauthorized release.

25299.75. (a) Except as provided in Sections 25299.70, 25299.72,
and 25299.73, this chapter does not affect or modify the obligations
or liability of any person under any other provision of state or
federal law, including common law, for damages, injury, or loss
resulting from an unauthorized release of petroleum or for corrective
action or the costs of corrective action.
(b) This chapter shall not be construed as authorizing recovery
for costs of corrective action resulting from any release authorized
or permitted pursuant to state or federal law.

25299.76. (a) Any person who violates any requirement of Article 3
(commencing with Section 25299.30) or Article 4 (commencing with
Section 25299.36) is liable for a civil penalty of not more than ten
thousand dollars ($10,000) for each underground storage tank for each
day of violation.
(b) The state or a local agency may bring an action in superior
court to impose the civil penalty specified in subdivision (a).
(c) The board or a regional board may impose the civil penalty
specified in subdivision (a) pursuant to Article 2.5 (commencing with
Section 13323) of Chapter 5 of Division 7 of the Water Code.
(d) In determining the amount of any liability imposed under this
section, the superior court, the board, or the regional board shall
take into account the nature, circumstances, extent, and gravity of
the violation, and, with respect to the violator, the ability to pay,
any prior history of violations, the degree of culpability, the
economic benefits or savings, if any, resulting from the violations,
and other matters as justice may require.
(e) Remedies under this section are in addition to, and do not
supersede or limit, any other civil or criminal remedies, except that
no civil penalties shall be recovered under this section for
violations for which a civil penalty is recovered pursuant to Section
13268 or 13350 of the Water Code.

25299.77. (a) The board shall adopt regulations to implement this
chapter. In adopting these regulations, the board shall ensure that
the regulations are consistent with this chapter, Chapter 6.7
(commencing with Section 25280), and the requirements for state
programs implementing the federal act.
(b) The adoption of any regulations pursuant to this section that
are filed with the Office of Administrative Law on or before January
1, 1995, shall be deemed to be an emergency necessary for the
immediate preservation of the public peace, health, safety, and
general welfare. Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
any emergency regulation adopted by the board pursuant to this
subdivision shall not be repealed by the Office of Administrative
Law, and shall remain in effect until revised by the board.

25299.78. (a) To carry out the purposes of this chapter, any
authorized representative of the local agency, regional board, or
board shall have the authority specified in Section 25185, with
respect to any place where underground storage tanks are located, and
in Section 25185.5, with respect to any real property which is
within 2,000 feet of any place where underground storage tanks are
located.
(b) An owner or operator shall furnish, under penalty of perjury,
any information on fees imposed pursuant to Article 5 (commencing
with Section 25299.40), financial responsibility, unauthorized
releases, or corrective action as the local agency, regional board,
or board may require.

25299.79. The costs specified in subdivision (d) of Section
25299.51 are not recoverable pursuant to this article.