Section 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.(c) Reasonable costs shall include the amount expended, the Board's costs of contract administration, and an amount equal to the interest that would have been earned on the expended funds. The interest rate shall be based on the rate of return for money in the Surplus Money Investment Fund.(d) Any and all responsible parties are joint and severably liable.(e) The entry of judgement against any party to the action does not bar any future action by the Board against any other person who is later discovered to be potentially liable for costs paid from the trust fund.Cal. Code Regs. Tit. 14, § 18929
1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37). Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48023, Public Resources Code.
1. New section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 37).