Section 25299.70 Of Article 7. Cost Recovery, Enforcement, And Administration From California Health And Safety Code >> Division 20. >> Chapter 6.75. >> Article 7.
25299.70
. (a) The board may recover any costs incurred and payable
from the fund pursuant to subdivisions (c), (e), (h), and (n) of
Section 25299.51 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 board 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.