California Law (Last Updated: March 4, 2014) |
Health and Safety Code - HSC |
Division 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS |
Chapter 6.5. Hazardous Waste Control |
ARTICLE 11.5. Hazardous Waste Disposal on Public Land |
Section 25242.2.
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Prior to, or simultaneously with, utilizing the provisions of this article, the department shall diligently pursue all feasible civil and criminal actions against the owner of the land or other party responsible for the disposal of the hazardous waste, who violates this chapter or the regulations adopted pursuant to this chapter.
The owner, lessee, or lessor of any land which is affected by hazardous waste which was disposed on, under, or into the land may recover the costs incurred in complying with this article, in a civil action, from any person who produced the waste or from any other person who was responsible for the disposal of the hazardous waste.
The lessee of any land, who was not responsible for the unauthorized disposal of the hazardous waste upon that land, may also recover the costs incurred in complying with this article from the owner of the land if the person who produced the waste or who was responsible for the disposal of hazardous waste cannot be located or cannot compensate the lessee for these costs.