Section 25187.5 Of Article 8. Enforcement From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 8.
25187.5
. (a) If corrective action is not taken on or before the
date specified in an order issued pursuant to Section 25187, or if in
the judgment of the department immediate corrective action is
necessary to remedy or prevent an imminent substantial danger to the
public health, domestic livestock, wildlife, or the environment, the
department may take, or contract for the taking of, that corrective
action and recover the cost thereof as provided in subdivision (c).
(b) (1) The department may expend up to one hundred thousand
dollars ($100,000) in a 12-month period of available moneys in the
Hazardous Waste Control Account in the General Fund to take
corrective action pursuant to subdivision (a).
(2) Notwithstanding any other provision of law, the department may
enter into written contracts for corrective action taken or to be
taken pursuant to subdivision (a).
(3) Notwithstanding any other provision of law, the department may
enter into oral contracts, not to exceed ten thousand dollars
($10,000) in obligation, when in the judgment of the department
immediate corrective action is necessary to remedy or prevent an
imminent substantial danger to the public health, domestic livestock,
wildlife, or the environment.
(4) The contracts entered into pursuant to this subdivision,
whether written or oral, may include provisions for the rental of
tools or equipment, either with or without operators furnished, and
for the furnishing of labor and materials necessary to accomplish the
work.
(5) Any contract entered into by the department pursuant to this
subdivision shall be exempt from approval by the Department of
General Services pursuant to Section 10295 of the Public Contract
Code.
(c) If corrective action is taken pursuant to subdivision (a), the
person or persons who were subject to the order issued pursuant to
Section 25187, or any person or persons whose violation resulted in
the imminent and substantial danger to health or the environment
shall be liable to the department for the reasonable cost actually
incurred in taking corrective action. In addition, the person or
persons shall be liable to the department for administrative costs in
an amount equal to 10 percent of the reasonable cost actually
incurred or five hundred dollars ($500), whichever is greater. The
amount of cost determined pursuant to this subdivision shall be
recoverable in a civil action by the department, in addition to any
other fees or penalties. Persons who may be liable pursuant to this
subdivision shall include, but not be limited to, present or prior
owners, lessees, or operators of the property where the hazardous
waste is located and producers, transporters or disposers of the
hazardous waste.
(d) Neither the department, nor any person authorized by the
department to enter upon any lands for the purpose of taking
corrective action pursuant to subdivision (a) is liable to civil or
criminal action for trespass for any acts that are necessary to carry
out the corrective action.
(e) This section does not impose any new liability associated with
acts that occurred before January 1, 1981, if the acts were not in
violation of existing law or regulations at the time they occurred.