Section 13009.6 Of Chapter 1. Liability In Relation To Fires From California Health And Safety Code >> Division 12. >> Part 1. >> Chapter 1.
13009.6
. (a) (1) Those expenses of an emergency response necessary
to protect the public from a real and imminent threat to health and
safety by a public agency to confine, prevent, or mitigate the
release, escape, or burning of hazardous substances described in
subdivision (c) are a charge against any person whose negligence
causes the incident, if either of the following occurs:
(A) Evacuation from the building, structure, property, or public
right-of-way where the incident originates is necessary to prevent
loss of life or injury.
(B) The incident results in the spread of hazardous substances or
fire posing a real and imminent threat to public health and safety
beyond the building, structure, property, or public right-of-way
where the incident originates.
(2) Expenses reimbursable to a public agency under this section
are a debt of the person liable therefor, and shall be collectible in
the same manner as in the case of an obligation under contract,
express or implied.
(3) The charge created against the person by this subdivision is
also a charge against the person's employer if the negligence causing
the incident occurs in the course of the person's employment.
(4) The public agencies participating in an emergency response
meeting the requirements of paragraph (1) of this subdivision may
designate one or more of the participating agencies to bring an
action to recover the expenses incurred by all of the designating
agencies which are reimbursable under this section.
(5) An action to recover expenses under this section may be joined
with any civil action for penalties, fines, injunctive, or other
relief brought against the responsible person or employer, or both,
arising out of the same incident.
(b) There shall be deducted from any amount otherwise recoverable
under this section, the amount of any reimbursement for eligible
costs received by a public agency pursuant to Chapter 6.8 (commencing
with Section 25300) of Division 20. The amount so reimbursed may be
recovered as provided in Section 25360.
(c) As used in this section, "hazardous substance" means any
hazardous substance listed in Section 25316 or subdivision (q) of
Section 25501 of this code, or in Section 6382 of the Labor Code.
(d) As used in this section, "mitigate" includes actions by a
public agency to monitor or model ambient levels of airborne
hazardous substances for the purpose of determining or assisting in
the determination of whether or not to evacuate areas around the
property where the incident originates, or to determine or assist in
the determination of which areas around the property where the
incident originates should be evacuated.