Section 25365.6 Of Article 6. Recovery Actions From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 6.
25365.6
. (a) Any costs or damages incurred by the department or
regional board pursuant to this chapter constitutes a claim and lien
upon the real property owned by the responsible party that is subject
to, or affected by, the removal and remedial action. This lien shall
attach regardless of whether the responsible party is insolvent. A
lien established by this section shall be subject to the notice and
hearing procedures required by due process of the law and shall arise
at the time costs are first incurred by the department or regional
board with respect to a response action at the site.
(b) The department shall not be considered a responsible party for
a hazardous substance release site because a claim and lien is
imposed pursuant to this section.
(c) The lien provided by this section shall continue until the
liability for these costs or damages, or a judgment against the
responsible party, is satisfied. However, if it is determined by the
court that the judgment against the responsible party will not be
satisfied, the department may exercise its rights under the lien.
(d) The lien imposed by this section shall have the force and
effect of, and the priority of, a judgment lien upon its recordation
in the county in which the property subject to the lien is located.
The lien shall contain the legal description of the real property,
the assessor's parcel number, and the name of the owner of record, as
shown on the latest equalized assessment roll. The lien shall also
contain a legal description of the property which is the site of the
hazardous substance release, the assessor's parcel number for that
property, and the name of the owner of record, as shown on the latest
equalized assessment roll, of that property.
(e) All funds recovered pursuant to this section shall be
deposited in the state account.