Section 25360.6 Of Article 6. Recovery Actions From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 6.
25360.6
. (a) The department shall, if it determines that it is
practicable and in the public interest, propose a final
administrative or judicial expedited settlement with potentially
responsible parties if the settlement involves only a minor portion
of the response costs at a facility and, if in the judgment of the
department, either of the following conditions are met:
(1) The amount of hazardous substances and the toxic or other
hazardous effects of the hazardous substances contributed by the
potentially responsible party to the facility are minimal in
comparison to the amount and effects of other hazardous substances at
the facility.
(2) The potentially responsible party is the owner of the real
property on or in which the facility is located, did not conduct or
permit the generation, transportation, storage, treatment, or
disposal of any hazardous substance at the facility, and did not
contribute to the release or threat of release of a hazardous
substance at the facility through any act or omission. This paragraph
does not apply if the potentially responsible party, at the time of
the purchase of the real property, knew or should have known that the
property was used for the generation, transportation, storage,
treatment, or disposal of any hazardous substance.
(b) A party who has resolved its liability to the state under this
section shall not be liable for claims for contribution regarding
matters addressed in the settlement. A settlement under this section
does not discharge any of the other potentially responsible parties
unless its terms so provide, but it reduces the potential liability
of the others by the amount of the settlement.
(c) Any person who enters into a settlement under this section
shall provide any information relevant to the administration of this
chapter that is requested by the department. In order to obtain the
contribution protection provided by subdivision (b), a potentially
responsible party participating in a de minimis settlement shall
certify that it has responded fully and accurately to all of the
department's requests for information, and that it has provided all
of the relevant documents pertaining to the facility to the
department.
(d) Nothing in this section shall be construed to affect the
authority of the department or regional board to reach settlements
with other potentially responsible parties under this chapter.