Section 33459.4 Of Article 12.5. Hazardous Substance Release Cleanup From California Health And Safety Code >> Division 24. >> Part 1. >> Chapter 4. >> Article 12.5.
33459.4
. (a) Except as provided in Section 33459.7, if a
redevelopment agency undertakes action to remedy or remove, or to
require others to remedy or remove, including compelling a
responsible party through a civil action, to remedy or remove a
release of hazardous substance, any responsible party or parties
shall be liable to the redevelopment agency for the costs incurred in
the action. An agency may not recover the costs of goods and
services that were not procured in accordance with applicable
procurement procedures. 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 an 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) An agency may recover any costs incurred to develop and to
implement a cleanup or remedial action plan approved pursuant to
Sections 33459.1 and 33459.3, 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 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;
provided, however, that any reference to hazardous substance therein
shall be deemed to refer to hazardous substance as defined in
subdivision (c) of Section 33459.
(d) An action for recovery of costs of a remedy or removal
undertaken by a redevelopment agency under this section shall be
commenced within three years after completion of the remedy or
removal.
(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 redevelopment agency.
(f) Except as provided in subdivision (m) of Section 33459.3,
notwithstanding any other provision of state law or policy, an agency
that undertakes and completes a remedial action, or otherwise causes
a remedial action to be undertaken and completed pursuant to
Sections 33459.1 and 33459.3, shall not be liable based on its
ownership of property after a release occurred, for any costs that
any responsible party for that release incurs to investigate or
remediate the release or to compensate others for the effects of that
release.