§ 18929. Cost Recovery.
14 CA ADC § 18929Barclays Official California Code of Regulations
14 CCR § 18929
§ 18929. Cost Recovery.
(a) The Board shall pursue cost recovery for each site remediated with funds in accordance with this chapter unless under limited circumstances where a determination is made by the Board that cost recovery will not be pursued based on factors including but not limited to: publicly owned sites maintained in public benefit and use; property owner did not cause the disposal of waste; property owner did not and will not gain a benefit due to condition of property; value of property significantly less than cost of cleanup; hardship to property owner; and in cases where a responsible party cannot be identified.
(b) If a remedial action is taken in the case of threatened pollution or nuisance by the Board and/or any governmental agency, any costs incurred by the Board and/or governmental agency are recoverable from the responsible parties or parties who unlawfully caused such a condition or conditions. Any and all responsible parties are joint and severably liable for any such costs. The amount of those costs shall be recoverable in a civil action by, and paid to, the governmental agency and the Board to the extent of the latter's contribution to the cleanup costs from available funds.
Credits
Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48023, Public Resources Code.
History
1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 14, § 18929, 14 CA ADC § 18929
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