Section 25359.4 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25359.4
. (a) A person shall not release, or allow or cause a
release of, a reportable quantity of a hazardous substance into the
environment that is not authorized or permitted pursuant to state
law.
(b) Any release of a reportable quantity of hazardous substance
shall be reported to the department in writing within 30 days of
discovery, unless any of the following apply:
(1) The release is permitted or in the permit process.
(2) The release is authorized by state law.
(3) The release requires immediate reporting to the Office of
Emergency Services pursuant to Section 11002 or 11004 of Title 42 of
the United States Code, or pursuant to Section 25507.
(4) The release has previously been reported to the department or
the Office of Emergency Services.
(5) The release occurred prior to January 1, 1994.
(c) For the purposes of this section, "reportable quantity" means
either of the following:
(1) The quantity of a hazardous substance established in Part 302
(commencing with Section 302.1) of Title 40 of the Code of Federal
Regulations, the release of which requires notification pursuant to
that part.
(2) Any quantity of a hazardous substance that is not reportable
pursuant to paragraph (1), but that may pose a significant threat to
public health and safety or to the environment. The department may
establish guidelines for determining which releases are reportable
under this paragraph.
(d) The owner of property on which a reportable release has
occurred and any person who releases, or causes a reportable release
and who fails to make the written report required by subdivision (b),
shall be liable for a penalty not to exceed twenty-five thousand
dollars ($25,000) for each separate violation and for each day that a
violation continues. Each day on which the released hazardous
substance remains is a separate violation unless the person has
either filed the report or is in compliance with an order issued by a
local, state, or federal agency with regard to the release.
(e) Liability under this section may be imposed in a civil action
or may be administratively imposed by the department pursuant to
Section 25359.3.
(f) If the violation of subdivision (b) results in, or
significantly contributes to, an emergency, including, but not
limited to, a fire, to which a county, city, or district is required
to respond, the responsible party may be assessed the full cost of
the emergency response by the city, county, or district.