Section 25395.105 Of Article 7. Bona Fide Ground Tenant Immunity From California Health And Safety Code >> Division 20. >> Chapter 6.82. >> Article 7.
25395.105
. (a) Notwithstanding subdivision (b) of Section
25395.102, on and after the date when the immunity specified in
Section 25395.104 attaches, a person shall remain eligible for
immunity if a release of hazardous materials at the site during a
response action is de minimis and the agency determines that all
necessary response actions to address the release have been taken.
(b) Notwithstanding subdivision (b) of Section 25395.102 with
respect to a release of hazardous materials at the site that is not
characterized in or through the site investigation or the response
plan, a person shall remain eligible for the immunity provided in
Section 25395.104, if the person takes response actions with respect
to the release of hazardous materials that the agency determines to
be necessary to prevent unreasonable risk to the human health and
safety of the intended site occupants specified in the agreement
entered into pursuant to this article.
(c) Notwithstanding subdivision (b) of Section 25395.102, on and
after the date when the immunity specified in Section 25395.104
attaches, a person shall remain eligible for immunity obtained
pursuant to this article with regard to a release that is the subject
of a certificate of completion and immunities issued pursuant to
Section 25395.104. If the person causes or contributes to a release
of a hazardous material, other than a de minimis release, the person
shall be responsible for responding to that release in accordance
with all applicable law.