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HEALTH AND SAFETY Ct' 2.:.'LTH AND SAFETY CODE § 25299.77
<br /> 804,and 805 of the Evidence Code apRept
<br /> Cie. For provisions relating to the repeat of portions of this chapter, see Health and Safety Code
<br /> claim against the board pursuant to this 25999.81.
<br /> 299.70. Recovery of mats; extent of liability; civil action; deposit of recovery; lien
<br /> of corrective action,the board shall not pAny costs incurred and payable from the fiord pursuant to subdivisions (c), (e), and(h) of Section
<br /> 58, the board shall not reimburse or au .51 shall be recovered by the Attorney General. upon request of the board, from the owner or
<br /> exceeding ' ' • one million dollars ( 1.000,000) 1 tor of the underground storage tank which released the petroleum and which is the subject of those
<br /> in Section 2529932, fora arLsing from costs or Prom anY other responsible party.
<br /> (b) The liability of an owner w operator shall be the full and total costs specified in subdivision (a) if
<br /> corrective action claim honored pursuant to this chap, the owner or operator has not complied with the requirements of Article 3 (commencing with Section
<br /> y costs disallowed in the audit A claimant shall ores _ .029930)or Article 4(commencing with Section 25299.36). The tiabfiity of a responsible party who is not
<br /> or the board's designee, all records perraining to m owner or operator shall be the fall and total costs specified in division(a).
<br /> ee years atter the.final payment is made to the (c) The amount of costs determined pursuant m this section shall be recoverable in a cK action. This
<br /> '68,operative July 1,1997; Stats1996,t 611(SB562),1 16, section does not deprive a party of any defense the party may have
<br /> (d) v ' •All money recovered by the Attorney General pursuant to this section shall be deposited in
<br /> on Commission Comments the fund_
<br /> 995 Amendment
<br /> : .- (e) The amomrt of the costs constitutes alien on the affected oro u service of a coof the
<br /> �ce to stantim be"au"s the language asomince provision,t"'� notice of lien o¢the owner and upon the recd ation of a notice oP hen.which r ennfies a property on
<br /> Chapter merly found in Government Code Section 1151$ - which the condition was abated the amount of the lien.and the owner of record of the property, in the
<br /> rnment been tL
<br /> n relocated in Article 8. [25 CaRev.Comm. J office of the county recorder of the coup in whichthe m is located Upon recordation the hen
<br /> Ilonub- porta 55(1996)] have the same torte, effect an priority as a judgment liexc
<br /> en, ept that it attaches only to the
<br /> ted acid d m the notice at Had.and shall continue for 10 from the time of the
<br /> in fund; restrictions on payments - recording of the notice,unlese sora sr released or otherwise . . Not later than 45 nave from the
<br /> hS date of receipt of a nonce of lies,the owner may petition the court-for an order releasing the property
<br /> pinst or presented to the fund pursuant to this article if the-i nom the lien or red the amount of the hen. that court action, the governmental agancy that
<br /> any one time_ The board shall pay these claims only incurred the denum costs s establish that the coats were reaso le and necessary, The 'en ma be
<br /> 1, or otherwise added m the fund If the total claims foreclosed by an action brought by the board for a money judgment
<br /> glance of the fund,the board shall pay these claims in M (,Amended by Stats.1996,a 611(SBM),.§ 17.)
<br /> )ant to this article may be paid only out of the fund This Historical and Statutory Notes
<br /> be stat- -0 any additional mount with respect to spy 1996 Legislation . m liability of a party not an owner or operator, in subd
<br /> 1\ The 1996 amendment in mbd.(a),added"or from any (d),subatimted"A9 money recovered"for"Moneys,terns
<br /> 'r (2) notwithstanding this article.the board shall sot:.^ -odter responsible part)" and made a.nonuhsrantive eyed"; and added mind(e),relating w Gena on affected
<br /> {lavaant if the total amount paid m the claimant is gfea "hangs; 16 mann.(b),added the second sentence,eelating, properties. .
<br /> appropriated by the Legislature from the find for -
<br /> ,For purposes of determining the total amount paid %'' 125299.77. Adoption of regulations; emergency regulations
<br /> d shall include any payments made to any person or an' - (a) The board shall adopt tions m implement this chs In adopting these tions, the
<br /> :pacified in subsection (b) of Section 267 of Tine 2fi of the p regulations Pte' p g regulations,
<br /> _.r, boaz shall encore that the regulations are consistent with this chapter, Chapter 6.7(commencing with
<br /> Section 25280), and the requirements for state programs implementing the federal act When adopting
<br /> requirements of paragraph(1)if the board determines all- regulations to implement this chapter,including the adoption of regulations establishing requirements for
<br /> _()i demonstrating financial responsibility pursuant to Article 3 (commencing with Section 2529930), and
<br /> ,citable and timely use of available fund moneys. establishing corrective action requirements pursuant to Article 4(commencing with Section 25299.36),the
<br /> board may adopt the regulations as emergency regulations in accordance with Chapter 35(commenting
<br /> an efficient petroleum underground storagetank cl' - with Section 11340)of Part 1 of Division 3 of Tine 2 of the Gwernment Code• ' •:
<br /> p and safety and the envhenmenL (b) The adoption of�M regulations ' ' ' ursumt; to this section that are filed with the Office of
<br /> are awarded is,-accordance with thepriorityrani®- Admutistrative Law• ' 'on or before January 1. 1996, sh _ deemed to an a coney necessary
<br /> .. for the immediate preservation of the public peace,health. • •.•.salary,and general welfare.- Notwith-
<br /> y elE Sept 24,1993.) -'s4- standing Chapter 35 (commencing with Section 11340) of Part 1 of Division 3 of Tine 2 of the
<br /> t' ..... ., - Goverament Code, any emergency regulation adopted by the board pursuant to this ' • subdivision
<br /> -- -- shall not be repealed by• •the Office of Administrative Law,and shag remain in effect until revised
<br /> . ` by the oard
<br /> b -
<br /> Article 7 - -
<br /> (Amended by Stats.1993,t 432(AB1061),§ 9,eft Sept 24,_1993.) . .
<br /> IRCEMENT,AND ADMINISTRATION -- ' ... .. -... - -
<br /> Article 7-5 . .: .
<br /> Section 'r ENvntONMENTAL IMPAIRMENT LLABM=INSURANCE STUDY[REPEALED]
<br /> uuty 25299.77: Adoption of regulations; and .. - .
<br /> s.
<br /> (lien.: regulation - • .:4 Article 7.5. added by Stata1990, t 1217 (AB.973A. § Ia.consisting of§ 95999.84 was
<br /> - repealed by Statit1994,a 996 MR108).§ %eff..July 91,1994- .. . _
<br /> by underline; deletions by astedaks * •' Additions or changes Indicated by underllne;:deletions by asterlslte ' •.'
<br /> 154- 155
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