Section 25403.5 Of Chapter 6.10. Hazardous Material Release Cleanup From California Health And Safety Code >> Division 20. >> Chapter 6.10.
25403.5
. (a) Except as otherwise provided in this chapter, if a
local agency undertakes action to investigate property or clean up,
or to require others to investigate or clean up, including compelling
a responsible party through a civil injunctive action, a release of
hazardous material, the responsible party shall be liable to the
local agency for the costs incurred in the action. A local agency may
not recover the costs of goods and services that were not procured
in accordance with procurement procedures, where applicable. The
amount of the costs shall include the interest on the costs accrued
from the date of expenditure and reasonable attorney's fees and shall
be recoverable in a civil action. Interest shall be calculated based
on the average annual rate of return on a local agency's investment
of surplus funds for the fiscal year in which costs were incurred.
(b) The only defenses available to a responsible party shall be
the defenses specified in subdivision (b) of Section 25323.5.
(c) A local agency may recover any costs incurred to develop and
to implement a cleanup plan approved pursuant to this chapter, to the
same extent the department is authorized to recover those costs. The
scope and standard of liability for cost recovery pursuant to this
section shall be the scope and standard of liability under the
federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.) as
that act would apply to the department. However, any reference to
hazardous substance in that act shall be deemed to refer to hazardous
material as defined in Section 25403. It is the intent of the
Legislature that local agencies diligently pursue reimbursement for
investigation and cleanup costs incurred pursuant to this chapter,
but each local agency is authorized to assess whether and to what
extent cost recovery is practicable.
(d) An action for recovery of the costs of a cleanup undertaken by
a local agency under this section shall be commenced within three
years after completion of the cleanup.
(e) The action to recover costs provided by this section is in
addition to, and is not to be construed as restricting, any other
cause of action available to a local agency.