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Section 101042 Of Article 1. County Health Officers From California Health And Safety Code >> Division 101. >> Part 3. >> Chapter 2. >> Article 1.
101042
. (a) If the local health officer or his or her designee is
notified of a leak in an active gas pipeline, that is within the
jurisdiction of the Division of Oil, Gas, and Geothermal Resources
and within a sensitive area, pursuant to Section 3270.6 of the Public
Resources Code and the local health officer or his or her designee
determines that the leak poses a risk to public health or safety and
that the response to the leak has been inadequate to protect the
public health or safety, the local health officer or his or her
designee shall, working collaboratively with the division and the
owner or operator of the pipeline, do both of the following:
(1) Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2) Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if the local health officer or his or her designee so determines.
(b) If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak.
(c) The responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section.
(d) Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance.
(1) Direct the responsible party to test, to the satisfaction of the agency overseeing the testing, the soil, air, and water in the affected area for contamination caused by the leak and disclose the results of the tests to the public.
(2) Make a determination, based on the result of the tests, on whether the leak poses a serious threat to the public health and safety of residents affected by the leak, and require the responsible party to provide assistance, including temporary relocation, to those residents if the local health officer or his or her designee so determines.
(b) If the local health officer or his or her designee determines, based on the results of the test, that the leak poses a serious threat to public health and safety, the local health officer or his or her designee shall direct the responsible party to notify all residents affected by the leak.
(c) The responsible party shall be liable for the costs incurred by the local health officer or his or her designee pursuant to this section.
(d) Providing resident assistance and reimbursement for local health officer expenses shall not relieve a responsible party from liability for damages, and a responsible party shall not condition assistance or request a waiver of liability from the recipient of the assistance.
