Laserfiche WebLink
J » • • <br /> circumstances, including, but not limited to, the economic assets of the <br /> property owner and whether the property owner has acted in good faith. <br /> If the property owner fails to secure and post the site, the depart- <br /> ment or the county health officer shall secure and post the site pursuant <br /> to subdivision (b) within 30 days of the expiration of the 60-day period <br /> and shall seek recovery of the costs of that securir.S and posting from the <br /> property owner. If the site is an abandoned site , as defined in Section <br /> 25359.6, and if the site cannot be traced to a specific owner or if the <br /> owner has been declared bankrupt, the department or the county health <br /> officer shall secure and post the site pursuant to s bdivision (b) . <br /> (e) The department shall , on or before January 30. 1985 , review and <br /> issue orders to fence and post, as required by this section, any site <br /> where the department already has performed a preliminary site assessment. <br /> (f) The department or the county health officer shall advise other <br /> agencies on the public health risks and the need for fencing and posting <br /> of sites when those agencies confirm the release of a hazardous substance <br /> pursuant to subdivision (a) . <br /> (g) The remedies and penalties specified in this section and Section <br /> 25359.6 are in addition to, and do not affect, any other remedies, <br /> enforcement actions , requirements, or penalties otherwise authorized by <br /> law. <br /> (Added by Stats . 1984, Ch. 1538. )A <br /> 25359.6. (a) The director shall notify, within 20 working days, <br /> each of the appropriate county health officers as to all the potential <br /> abandoned sites of which the department has knowledge or which the depart- <br /> ment is investigating for releases of hazardous substances that may have <br /> occurred or might be occurring at abandoned sites. The county health <br /> officers may request quarterly updates on the status of the investigations <br /> of these sites. <br /> As used in this section, "abandoned site" means an inactive disposal, <br /> treatment, or storage facility which cannot, with reasonable effort, be <br /> traced to a specific owner, a site whose owner has been determined <br /> bankrupt, or a location where a hazardous substance has been illegally <br /> disposed. <br /> (b) Within 10 working days of the identification of an abandoned <br /> site, the department or a county health officer shall notify the other <br /> agency of the status of the site. The department and the county health <br /> officer shall inform the other agency of orders to fence and post these <br /> sites and the status of compliance with those orders. The department or <br /> the county health officers may request quarterly updates of the testing, <br /> enforcement action, and remedial or removal actions that are proposed or <br /> ongoing. <br /> (Added by Stats. 1984, Ch. 1538. ) <br /> 25359.7 . (a) Any owner of nonresidential real nro erty who knows, <br /> or has reasonable cause to believe, that am re ease of hazardous <br /> substance has come to be located on or beneath that real property shall, <br /> prior to the sale of the real property, give written notice of that <br /> condition to each buyer of the real property. Failure of the owner to <br /> provide written notice when required by this subdivision to each buyer <br /> shall subject the owner to actual damages and any other remedies provided <br /> -249- <br />