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2005 California Health and Safety Code Sections 25400.45-25400.46 Article 7. Enforcement and Liability
HEALTH AND SAFETY CODESECTION 25400.45-25400.46
25400.45. (a) A property owner who does not provide a notice or disclosure required by this chapter is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). A property owner shall also be assessed the full cost of all harm to public health or to the environment resulting from the property owner's failure to comply with this chapter. (b) A person who violates an order issued by a local health officer pursuant to this chapter prohibiting the use or occupancy of a property contaminated by a methamphetamine laboratory activity is subject to a civil penalty in an amount of up to five thousand dollars ($5,000). 25400.46. (a) A property owner who receives an order issued by a local health officer pursuant to Section 25400.22, or a property owner who owns property that is the subject of a notice posted pursuant to subdivision (i) of Section 25400.22, is liable for, and shall pay all of the following costs if it is determined that the property is contaminated: (1) The cost of any testing. (2) Any cost related to maintaining records with regard to the property. (3) The cost of remediating the property, including any decontamination or disposal expenses. (4) Any actual cost incurred by the local health officer or any other local or state agency resulting from the enforcement of this chapter and oversight of the implementation of the PSA work plan and the PSA report, with regard to that property. (b) A person who conducts a methamphetamine laboratory activity on or at property, and who is not the owner of that property, is liable for, and shall reimburse the owner of the property for, any cost the property owner may incur pursuant to subdivision (a).
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