Section 25395.82 Of Article 3. Liability From California Health And Safety Code >> Division 20. >> Chapter 6.82. >> Article 3.
25395.82
. (a) Notwithstanding Sections 25395.69, 25395.70, and
25395.75, on and after the date when the immunity specified in
subdivision (c) of Section 25395.81 attaches, the 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 Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches, the person shall remain eligible for
immunity if either of the following occur:
(1) Both of the following conditions are met:
(A) A release of hazardous materials that poses an unreasonable
risk is discovered before the agency makes a finding of no further
action pursuant to Section 25395.95 or issues a certificate of
completion pursuant to Section 25395.97.
(B) The release specified in subparagraph (A) is appropriately
resolved to the satisfaction of the agency pursuant to paragraph (8)
of subdivision (a) of Section 25395.96.
(2) All of the following conditions are met:
(A) A release of hazardous materials that poses an unreasonable
risk is discovered after the agency makes a finding of no further
action pursuant to Section 25395.95, or issues a certificate of
completion pursuant to Section 25395.97.
(B) The innocent landowner, bona fide purchaser, or contiguous
property owner did not cause or contribute to the release.
(C) The release specified in subparagraph (A) is appropriately
resolved to the satisfaction of the agency pursuant to paragraph (8)
of subdivision (a) of Section 25395.96.
(c) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches, the person shall remain eligible for
immunity obtained pursuant to this chapter with regard to a release
that is the subject of a finding of no further action made pursuant
to Section 25395.95 or a certificate of completion issued pursuant to
Section 25395.97. If the person causes or contributes to a release
of a hazardous material, that person shall be responsible for
responding to that release in accordance with all applicable
statutes.
(d) Notwithstanding Sections 25395.69, 25395.70, and 25395.75, on
and after the date when the immunity specified in subdivision (c) of
Section 25395.81 attaches to a site and a release of hazardous
materials is discovered on or under the site, a response action shall
be conducted at the site in accordance with the following:
(1) If the response action is for petroleum related contamination
caused predominately by a release from an underground storage tank,
the funds in the Underground Storage Tank Cleanup Fund shall, to the
extent permissible by law, be used in accordance with Section
25299.51.
(2) If the response action is for a hazardous materials release
not otherwise subject to paragraph (1), and the agency determines the
hazardous material release endangers public health or safety, the
person who entered into the agreement with the agency shall pay for,
or undertake, the response action. If the agency determines the
hazardous materials release does not endanger public health or
safety, the person who entered into the agreement shall not be
required to pay for, or undertake, the response action.