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• • <br /> (b) No punitive damages shall be imposed under this section against <br /> an owner of real property who did not generate, treat, transport, store, <br /> or dispose of any hazardous substance on, in, or at the facility located <br /> on that real property, as specified in Sections 101 (35) and 107 (b) of <br /> the federal act (42 U.S .C. Secs . 9601 ( 35) and 9607 (b) ) . <br /> (Amended by Stats . 1987 , Ch. 1302 . ) <br /> 25359. 1. There shall be no recovery of punitive damages under <br /> Section 25359 for an injury to or loss of natural resources which occurred <br /> wholly before September 25, 1981 . This section shall not be construed as <br /> precluding the recovery of punitive damages for injury to or loss of <br /> natural resources in an action brought pursuant to any other provision of <br /> law. <br /> (Added by Stats. 1983, Ch. 1044. ) <br /> �l <br /> 25359.5. (a) Within 30 days after making a determination, based <br /> upon a preliminary site assessment that there has been a release of a <br /> hazardous substance on, under, or into the land on a site, the department <br /> or a county health officer shall order the property owner to secure the <br /> site if all of the following conditions apply to that site: <br /> (1) The release does not comply with the terms of a current permit <br /> or interim status document or regulation of the department. <br /> (2) The site poses a public health risk if human contact is made <br /> with the hazardous waste or the surrounding contaminated area. <br /> (3) There is a likelihood of human or domestic animal contact. <br /> (b) The order to secure the site shall require, within 60 days after <br /> receiving notification of the order, the posting of the site with signs . <br /> The order shall also require that the site be enclosed with a fence , <br /> unless it is physically and economically infeasible or unless the fencing <br /> is unnecessary because it will not alleviate the danger to the public <br /> health. <br /> (c) If fencing is ordered, the fences shall be maintained at the <br /> site to prevent unauthorized persons from gaining access to the site. The <br /> signs shall be maintained and shall meet all of the following <br /> requirements: <br /> (1) The signs shall be bilingual, appropriate to the local area. <br /> (2) The signs shall have lettering which is legible from a distance <br /> of at least 25 feet. <br /> (3) The signs shall read: "Caution: Hazardous Substance Area, <br /> Unauthorized Persons Keep Out" and shall have the name and phone number of <br /> the department or the county health officer that ordered the posting. <br /> (4) The signs shall be visible from the surrounding contaminated <br /> area and posted at each route of entry into the site, including those <br /> routes which are likely to be used by unauthorized persons, at access <br /> roads leading to the site, and facing navigable waterways where <br /> appropriate. <br /> (5) The signs shall be of a material able to withstand the elements. <br /> (d) A property owner who fails to comply with an order of the <br /> department or the county health officer is subject to a civil penalty of <br /> up to twenty-five thousand dollars ($25,000) . In determining the amount <br /> of a civil penalty to be imposed, the court shall consider all relevant <br /> -248- <br />