Section 12005.5 Of Chapter 1. Definitions And Scope From California Health And Safety Code >> Division 11. >> Part 1. >> Chapter 1.
12005.5
. (a) This part shall not apply to the possession, handling,
storage, transportation, or use of not more than 10 pounds of
blasting agents (division 1.5 explosives), two pounds of division
1.1, 1.2, or 1.3 explosives, or 1,000 feet of detonating cord, or any
combination thereof, by authorized employees of the Department of
Transportation, acting within the scope of their employment, in the
pursuit of seismic explorations.
(b) The Department of Transportation may not undertake that
seismic exploration, unless the fire authority having jurisdiction in
the area of the proposed seismic exploration has received a written
notice from the department at least 48 hours prior to the
commencement of the seismic exploration. The notice shall include the
time and location of the proposed seismic exploration. In addition,
the employee supervising the proposed seismic exploration, or his or
her designated representative, shall consult with the fire authority
to determine if the proposed handling, storage, transportation, or
use of explosives would constitute an unreasonable hazard to life or
property. If the fire authority determines that such a hazard would
arise, the department shall not engage in that handling, storage,
transportation, or use of explosives.
(c) The state shall be strictly liable for any injury to any
person or property proximately caused by the handling, storage,
transportation, or use of explosives by the Department of
Transportation for the purpose of conducting seismic exploration. All
claims for damages against the state arising under this section are
governed by the procedures set forth in Part 3 (commencing with
Section 900) and Part 4 (commencing with Section 940) of Division 3.6
of Title 1 of the Government Code.