California Health and Safety Code 79650 – (a) A cost incurred by the department or regional board in …
(a) A cost incurred by the department or regional board in carrying out or overseeing a response or a corrective action under this part or Chapter 6.5 (commencing with Section 25100) of Division 20 shall be recoverable pursuant to state or federal law by the Attorney General, upon the request of the department or regional board, from the liable person.
(b) The amount of response or corrective action costs incurred by the department or regional board shall be recoverable at the discretion of the department or regional board, either in a separate action or by way of intervention as of right in an action for contribution or indemnity.
Terms Used In California Health and Safety Code 79650
- department: means State Department of Health Services. See California Health and Safety Code 20
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(c) The amount of any response or corrective action costs that may be recovered pursuant to this section shall include interest on any amount paid.
(d) A person who is liable for response or corrective action costs incurred at a site shall have the liability reduced by any reimbursements that were paid by that person for that site pursuant to Section 79105.
(e) Nothing in this section deprives a party of any defense that the party may have.
(f) Moneys recovered by the Attorney General pursuant to this section shall be deposited in the state account.
(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.)