Section 116366 Of Article 3. Operations From California Health And Safety Code >> Division 104. >> Part 12. >> Chapter 4. >> Article 3.
116366
. (a) No public water system, or its customers, shall be
responsible for remediation or treatment costs associated with MTBE,
or a product that contains MTBE, provided, however, that the public
water system shall be permitted as necessary to incur MTBE
remediation and treatment costs and to include those costs in its
customer rates and charges, necessary to comply with drinking water
standards or directives of the State Department of Health Services or
other lawful authority. Any public water system that incurs MTBE
remediation or treatment costs may seek recovery of those costs from
parties responsible for the MTBE contamination, or from other
available alternative sources of funds.
(b) If the public water system has included the costs of MTBE
treatment and remediation in its customer rates and charges, and
subsequently recovers all or a portion of its MTBE treatment and
remediation costs from responsible parties or other available
alternative sources of funds, it shall make an adjustment to its
schedule of rates and charges to reflect the amount of funding
received from responsible parties or other available alternative
sources of funds for MTBE treatment or remediation.
(c) Subdivision (a) shall not prevent the imposition of liability
on any person for the discharge of MTBE if that liability is due to
the conduct or status of that person independently of whether the
person happens to be a customer of the public water system.