2005 California Health and Safety Code Sections 25400.45-25400.46 Article 7. Enforcement and Liability

HEALTH AND SAFETY CODE
SECTION 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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