25358.3
. (a) Whenever the director determines that there may be an
imminent or substantial endangerment to the public health or welfare
or to the environment, because of a release or a threatened release
of a hazardous substance, the director may do any or all of the
following:
(1) Order any responsible party or parties to take or pay for
appropriate removal or remedial action necessary to protect the
public health and safety and the environment. No order under this
section shall be made to an owner of real property solely on the
basis of that ownership as specified in Sections 101(35) and 107(b)
of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)). The
director shall give the responsible party an opportunity to assert
all defenses to the order.
(2) Take or contract for any necessary removal or remedial action.
(3) Request the Attorney General to secure such relief as may be
necessary from the responsible party or parties to abate the danger
or threat. The superior court of the county in which the threat or
danger occurs shall have jurisdiction to grant the relief which the
public interest and equities of the case may require to protect
public health and welfare and the environment. Upon a showing by the
department that a release or threatened release of a hazardous
substance has occurred or is occurring, and that there may be an
imminent or substantial endangerment to the public health and safety
or to the environment, the court may grant a temporary restraining
order or a preliminary or permanent injunction pursuant to
subdivision (e).
(b) When the director determines that a release of a hazardous
substance has occurred or is about to occur, the director may do any
or all of the following:
(1) Undertake those investigations, monitoring, surveys, testing,
and other information gathering necessary to identify the existence,
source, nature, and extent of the hazardous substances involved and
the extent of danger to the public health or environment.
(2) Undertake those planning, legal, fiscal, economic,
engineering, architectural, and other studies or investigations which
are necessary or appropriate to plan and direct response actions, to
recover the cost of those actions, and to enforce this chapter.
(c) Whenever there is a release or threatened release of a
hazardous substance into the environment, the director may take or
contract for any necessary removal or remedial action and may take or
contract for any actions authorized by subdivision (b), in
compliance with the provisions of this chapter, including, but not
limited to, subdivision (b) of Section 25355.
(d) Any person bidding for a contract specified in subdivision (c)
shall submit a disclosure statement, as specified by Section
25112.5, except for a federal, state, or local agency. The director
may prohibit a person from bidding on such a contract if the director
makes any of the following determinations:
(1) The director determines, in writing, that the bidder, or, if
the bidder is a business entity, any trustee, officer, director,
partner, or any person holding more than 5 percent of the equity in
or debt liability of that business entity, has engaged in activities
resulting in any federal or state conviction which are significantly
related to the fitness of the bidder to perform the bidder's duties
or activities under the contract. For purposes of this paragraph,
"conviction" means a plea or verdict of guilty or a conviction
following a plea of nolo contendere. Any action that the department
may take pursuant to this subdivision relating to the department's
refusal to permit a person to bid on the contract may be based upon a
conviction for which any of the following has occurred:
(A) The time for appeal has elapsed.
(B) The judgment of conviction has been affirmed on appeal.
(C) Any order granting probation is made suspending the imposition
of sentence, notwithstanding a subsequent order pursuant to Section
1203.4 of the Penal Code permitting that person to withdraw the plea
of guilty and to enter a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusation, information, or
indictment.
(2) The director determines, in writing, that the bidder, or, if
the bidder is a business entity, any trustee, officer, director,
partner, or any person holding more than 5 percent of the equity in
or debt liability of that business entity, has violated or failed to
comply with this chapter or Chapter 6.5 (commencing with Section
25100) or Chapter 6.7 (commencing with Section 25280) of this
division, the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code), the Resource
Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec.
6901 et seq.), the Hazardous Materials Transportation Authorization
Act of 1994, as amended (49 U.S.C. Sec. 5101 et seq.), the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9601 et seq.), the Toxic
Substances Control Act (15 U.S.C. Sec. 2601 et seq.), or any other
equivalent federal or state statute or any requirement or regulation
adopted pursuant thereto relating to the generation, transportation,
treatment, storage, recycling, disposal, or handling of a hazardous
waste, as defined in Section 25117, a hazardous substance, as defined
in Section 25316, or a hazardous material, as defined in Section 353
of the Vehicle Code, if the violation or failure to comply shows a
repeating or recurring pattern or may pose a threat to public health
or safety or the environment.
(3) The director determines, in writing, that the bidder has had a
license, permit, or registration for the generation, transportation,
treatment, storage, recycling, disposal, or handling of hazardous
waste or hazardous substances revoked or suspended.
(e) Whenever there is a release or threatened release of a
hazardous substance, the director may request the Attorney General to
secure such relief as may be necessary from the responsible party or
parties to abate the release or threatened release. The superior
court of the county in which the release or threatened release occurs
has jurisdiction to grant that relief which the public interest and
equities of the case may require to protect the public health and
safety and the environment. Upon a showing by the department that a
release or threatened release of a hazardous substance has occurred
or is occurring, and that there may be an imminent or substantial
endangerment to the public health and safety or to the environment,
the court may grant a temporary restraining order or a preliminary or
permanent injunction.
(f) Upon the failure of any person to comply with any order issued
by the department pursuant to this section or Section 25355.5, the
director may request the Attorney General to petition the superior
court for the issuance of an injunction requiring that person to
comply with the order. The superior court shall have jurisdiction to
grant a temporary restraining order or a preliminary or permanent
injunction.
(g) In any civil action brought pursuant to this chapter in which
a temporary restraining order or a preliminary or permanent
injunction is sought, the department shall prove that the defendant
is a responsible party and that there is a release or threatened
release of a hazardous substance. It shall not be necessary to allege
or prove at any stage of the proceeding that irreparable damage will
occur should the temporary restraining order or the preliminary or
permanent injunction not be issued, or that the remedy at law is
inadequate; and the temporary restraining order or the preliminary or
permanent injunction shall issue without those allegations and
without that proof.