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DIVISION 45. HAZARDOUS SUBSTANCE RESPONSE 78000-81050›PART 2. HAZARDOUS SUBSTANCE ACCOUNT 78000-81050›CHAPTER 8. Cost Recovery 79650-79955›ARTICLE 6. Liability of Residential Property Owner 79780-79800

§ 79795

California Health and Safety Code · 2026-09 edition · updated 2026-10-03 · California

An action for recovery of costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release may not be brought against an owner of property unless the department first certifies that, in the opinion of the department, one of the following applies:

(a) The hazardous substance release that occurred on the property occurred after the owner acquired the property.

(b) The hazardous substance release that occurred on the property occurred before the owner acquired the property and at the time of acquisition the owner knew or had reason to know of the hazardous substance release.

(c) The owner of property where there has been a release of a hazardous substance to groundwater underlying the property took, or is taking, one or more of the following actions:

(1) Caused or contributed to a release of a hazardous substance to the groundwater.

(2) Fails to provide the department, or its authorized representative, with access to the property.

(3) Interferes with response action activities.

(Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)

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California Health and Safety Code

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