Section 25357.5 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25357.5
. (a) In any judicial action under this chapter, judicial
review of any issues concerning the adequacy of any response action
taken or ordered by the department shall be limited to the
administrative record. Otherwise applicable principles of
administrative law shall govern whether any supplemental materials
may be considered by the court.
(b) If the court finds that the selection of the response action
was not in accordance with law, the court shall award only the
response costs or damages that are not inconsistent with the National
Contingency Plan, as specified in Part 300 (commencing with Section
300.1) of Subchapter J of Chapter I of Title 40 of the Code of
Federal Regulations, and any other relief that is consistent with the
National Contingency Plan.
(c) In reviewing an action brought by the department under this
chapter, in which alleged procedural errors by the department are
raised as a defense, the court may impose costs or damages only if
the errors were serious and related to matters of central relevance
to the action, so that the action would have been significantly
changed had the errors not been made.