SECTIONS 25399 - California Statutes

HEALTH AND SAFETY CODE

SECTION 25399

25399. (a) A responsible person is liable to the department and the
trust fund for the response costs as provided in the agreement
entered into pursuant to Section 25398.2, and for any other response
costs incurred by the state, which are allocated to the responsible
person in a final liability apportionment decision by the department
pursuant to Section 25398.8 or the final decision of an arbitration
panel pursuant to Section 25398.10 and which have been paid, or
assigned for payment, from the trust fund.
(b) Actions to recover any response costs incurred by the state
shall be commenced by the Attorney General, upon the request of the
department or the fund administrator, against the responsible person
or persons.
(c) The department and the fund administrator shall only seek
response costs in an action pursuant to paragraph (b) from those
responsible persons who have not paid their apportioned share of
response costs to the department, or who have otherwise failed to
comply with this chapter or any regulation, agreement, or order
adopted pursuant to this chapter.
(d) Any person who has incurred response costs in accordance with
this chapter may seek contribution or indemnity from any person who
is liable pursuant to this chapter, except that no claim may be
asserted against a person whose liability has been determined and
which has been or is being fully discharged pursuant to this chapter,
or against a person who has executed an agreement with the
department pursuant to Section 25398.2, and is in compliance with
this chapter and any regulation, agreement, or order adopted pursuant
to this chapter. An action to enforce a claim may be brought as a
cross-complaint by a defendant in an action brought pursuant to this
section, or in a separate action for contribution or indemnity after
the plaintiff has paid the department for response costs in
accordance with this chapter. Any plaintiff or cross-complainant
seeking contribution or indemnity shall give written notice to the
department upon filing an action or cross-complaint under this
section. In resolving claims for contribution or indemnity, the court
shall allocate costs among liable parties, including the orphan
shares, as set forth in the department's final liability
apportionment decision or an arbitration panel decision pursuant to
this chapter, except in instances where responsible parties have
agreed to pay for orphan shares pursuant to the agreement provided
for in Section 25398.2.
(e) (1) An action under this section for the recovery of response
costs shall be commenced within three years after a certificate of
completion is issued pursuant to Section 25398.15 or, in cases where
responsible persons are identified by the department after that
three-year period, within three years after the responsible persons
are identified.
(2) A subsequent action or actions under this section for further
response costs may be maintained at any time during the response
action, but shall be commenced no later than three years after the
date of completion of all response action.
(f) In addition to any other response costs recovered from the
responsible parties for each site, the department and the fund
administrator, on behalf of the trust fund, may recover up to
one-thirtieth of those costs incurred by the state in implementing
and administering this chapter. The department shall specify in the
Governor's Budget the amount of costs for which it will seek recovery
pursuant to this subdivision, and shall specify either in that
document, or in a separate document submitted to the Joint
Legislative Budget Committee, the methodology used in calculating
those costs.