2005 California Health and Safety Code Sections 25400 CHAPTER 6.9. LIABILITY FOR ABATEMENT OF HAZARDS

25400.  (a) The Legislature finds and declares that a threat to the
public health and safety exists wherever there is a discharge, spill,
or presence of hazardous substances on public or private property;
and that public entities, county public health directors, public
safety employees, members of radiation emergency screening teams
formed pursuant to Section 25574, persons authorized by a public
entity, or registered sanitarian employees should be encouraged to
abate those hazards, and to that end a qualified immunity from
liability should be provided for public entities, county public
health directors, public safety employees, members of radiation
emergency screening teams formed pursuant to Section 25574,  persons
authorized by a public entity, or registered sanitarian employees.
   (b) Except as provided in Article 1 (commencing with Section
17000) of Chapter 1 of Division 9 of the Vehicle Code, a public
entity, county public health director, a public safety employee, a
member of a radiation emergency screening team formed pursuant to
Section 25574, a person authorized by a public entity, or a
registered sanitarian employee shall not be liable for any injury or
property damage caused by an act or omission taken by a county public
health director, a public safety employee, a member of a radiation
emergency screening team formed pursuant to Section 25574, a person
authorized by a public entity, or a registered sanitarian employee
acting within the scope of employment to abate or attempt to abate
hazards reasonably believed to be an imminent peril to public health
and safety caused by the discharge, spill, or presence of a hazardous
substance, unless the act taken or omission was performed in bad
faith or in a grossly negligent manner.
   (c) For the purposes of this section, it shall be presumed that
the act or omission was performed in good faith and without gross
negligence.  This presumption shall be one affecting the burden of
proof.
   (d) For the purposes of this section, the following definitions
apply:
   (1) "Hazardous substance" means a substance that presents a threat
to the public because of its toxicity, radioactivity, flammability,
or other characteristic dangerous to the public health or the
environment.
   (2) "Imminent peril" includes a peril which, if not mitigated,
threatens the public health or welfare, or the environment.
   (3) "Person authorized by a public agency" includes a person from
whom services are contracted by a public agency.
   (4) "Public agency" includes, but is not limited to, the federal
government or any department or agency thereof to the extent
permitted by law.
   (5) "Public safety employee" means any person who is a public
entity employee and whose principal duties include law enforcement,
fire protection, fire prevention, or the enforcement of regulations
relating to facilities or sites where hazardous substances are stored
or handled.
   (6) "Registered sanitarian employee" means a person who is
registered pursuant to Section 520 and who is a paid employee of a
state or local public entity.
   (e) It is not the intent of this section to impair any cause of
action against the person, firm, or entity creating the spill,
discharge, or presence of the hazardous material giving rise to the
response of the public entity, county public health director, public
safety employee, member of a radiation screening team formed pursuant
to Section 25574, person authorized by a public entity, or
registered sanitarian employee.
   (f) The immunity for county public health directors or registered
sanitarian employees provided by this section shall apply only where
the person, at the request of a public entity or public safety
employee in charge of scene management, provides emergency assistance
or advice at the scene of the peril in mitigating or attempting to
mitigate the effects of an actual or threatened discharge, spill, or
presence of a hazardous substance on private or public property.  The
request issued by the scene manager shall be confirmed by that
person in a written report of the incident.