Section 25360.2 Of Article 6. Recovery Actions From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 6.
25360.2
. (a) For purposes of this section, the following
definitions apply:
(1) "Owner" means either (A) the owner of property who occupies a
single-family residence or one-half of a duplex constructed on the
property, or (B) the owner of common areas within a residential
common interest development who owns those common areas for the
benefit of the residential homeowners. This paragraph does not
include the developer of the common interest development.
(2) "Property" means either (A) real property of five acres or
less which is zoned for, and on which has been constructed, a
single-family residence, or (B) common areas within a residential
common interest development.
(b) (1) Notwithstanding any other provision of this chapter, an
owner of property that is the site of a hazardous substance release
is presumed to have no liability pursuant to this chapter for either
of the following:
(A) A hazardous substance release that has occurred on the
property.
(B) A release of a hazardous substance to groundwater underlying
the property if the release occurred at a site other than the
property.
(2) The presumption may be rebutted as provided in subdivision
(d).
(c) An action for recovery of costs or expenditures incurred from
the state account pursuant to this chapter in response to a hazardous
substance release may not be brought against an owner of property
unless the department first certifies that, in the opinion of the
department, one of the following applies:
(1) The hazardous substance release that occurred on the property
occurred after the owner acquired the property.
(2) The hazardous substance release that occurred on the property
occurred before the owner acquired the property and at the time of
acquisition the owner knew or had reason to know of the hazardous
substance release.
(3) The owner of property where there has been a release of a
hazardous substance to groundwater underlying the property took, or
is taking, one or more of the following actions:
(A) Caused or contributed to a release of a hazardous substance to
the groundwater.
(B) Fails to provide the department, or its authorized
representative, with access to the property.
(C) Interferes with response action activities.
(d) In an action brought against an owner of property to recover
costs or expenditures incurred from the state account pursuant to
this chapter in response to a hazardous substance release, the
presumption established in subdivision (b) may be rebutted if it is
established by a preponderance of the evidence that the facts upon
which the department made the certification pursuant to paragraph
(1), (2), or (3) of subdivision (c) are true.
(e) Notwithstanding any other provision of this chapter, this
section governs liability pursuant to this chapter for an owner of
property, as defined in subdivision (a).