California

Health and Safety Code - HSC

17,661 sections, each with the official text and a plain-English explanation of what it means for you.

• § 78680 — (a) The owner of property on which a reportable release has occurred and any person who releases, or causes a reportable release and who fails to make the written report required by subdivision (b) of
• § 78700 — Any owner of nonresidential real property who knows, or has reasonable cause to believe, that any release of hazardous substance has come to be located on or beneath that real property shall, prior to
• § 78705 — Any lessee or renter of real property who knows or has reasonable cause to believe that any release of a hazardous substance has come or will come to be located on or beneath that real property shall,
• § 78720 — After making a determination, based upon a preliminary site assessment that there has been a release of a hazardous substance on, under, or into the land on a site, the department or a county health o
• § 78725 — (a) The order to secure the site shall require, within five days after receiving notification of the order, the posting of the site with signs.
• § 78730 — The department or the county health officer shall advise other agencies on the public health risks and the need for fencing and posting of sites when those agencies confirm the release of a hazardous
• § 78735 — (a) A property owner who fails to comply with an order of the department or the county health officer is subject to a civil penalty of up to twenty-five thousand dollars ($25,000).
• § 78740 — The remedies and penalties specified in this article and Section 78505 are in addition to, and do not affect, any other remedies, enforcement actions, requirements, or penalties otherwise authorized b
• § 78760 — (a) The department shall publish and revise, at least annually, a listing of the hazardous substance release sites selected for, and subject to, a response action under this part.
• § 78765 — (a) The department shall adopt, by regulation, criteria for the selection of hazardous substance release sites for a response action under this part.
• § 78770 — The department shall assign each site listed pursuant to Section 78760 to one of the following priority tiers for the purpose of informing the public of the relative hazard of listed sites: (a) “Prior
• § 78775 — Hazardous substance release sites listed by the department pursuant to Section 78760 are subject to this part and all actions carried out in response to hazardous substance releases or threatened rele
• § 78780 — (a) Except as provided in subdivision (b), the department shall expend all funds appropriated to the department for any response action pursuant to this part, and shall take all response action pursua
• § 78785 — This article does not require the department to characterize every site listed pursuant to Section 78760 before the department begins response actions at those sites.
• § 78790 — The department, or, if appropriate, the regional board, is the state agency with sole responsibility for ensuring that required action in response to a hazardous substance release or threatened releas
• § 78795 — (a) The adoption of the minimum hazard threshold pursuant to subdivision (b) of Section 78765, the department’s development and publication of the list of sites pursuant to Section 78760, and the assi
• § 78850 — The Governor is responsible for the coordination of all state response actions for sites identified in Article 5 (commencing with Section 78760) of Chapter 4 in order to assure the maximum use of avai
• § 78855 — (a) For response actions taken pursuant to the federal act, only those costs for actions that are consistent with the priorities, guidelines, criteria, and regulations contained in the national contin
• § 78860 — No response actions taken pursuant to this part by the department or regional or local agencies shall duplicate federal response actions.
• § 78870 — Whenever the director determines that there may be an imminent or substantial endangerment to the public health or welfare or to the environment, because of a release or a threatened release of a haza
• § 78875 — (a) The department shall expend moneys available in the reserve account, established pursuant to subdivision (a) of Section 78240, only for the purpose of taking immediate corrective action necessary
• § 78880 — Any removal or remedial action taken or contracted by the department pursuant to Section 78870 or 78875 shall be exempt from all of the following provisions: (a) State Contract Act (Chapter 1 (commenc
• § 78885 — (a) The department may prequalify bidders for remedial or removal actions taken pursuant to Section 78870 or 78875.
• § 78890 — For contracts for the cleanup of hazardous substances released into the environment carried out by the department pursuant to this part or Chapter 6.
• § 78895 — For cleanups of hazardous substances released into the environment carried out or overseen by the department pursuant to this part or Chapter 6.
• § 78900 — The state board or a regional board that has jurisdiction over a hazardous substance release site pursuant to Division 7 (commencing with Section 13000) of the Water Code may refer the site to the dep
• § 78905 — If a hazardous substance release site is referred to the department and is listed pursuant to Section 78900, the department may expend money from the state account for removal or remedial action at th
• § 78910 — (a) If a hazardous substance release site is referred to the department pursuant to Section 78900, and the department makes either of the following determinations, the department shall notify the appr
• § 78925 — With regard to sites listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 where the department or regional board is taking action to investigate or remediate the site, the communi
• § 78930 — (a) The department or the regional board, as appropriate, shall take the actions specified in this section to provide an opportunity for meaningful public participation in response actions undertaken
• § 78935 — The department or regional board shall advise local environmental regulatory agencies and other appropriate local agencies of planned response actions and provide opportunities for review and comment.
• § 78950 — (a) At each site, a community advisory group may be established by the affected community to review any response action and comment on the response action to be conducted in that community.
• § 78955 — To the extent possible, the composition of each community advisory group shall reflect the composition of the affected community and the diversity of interests of the community by including all of the
• § 78960 — The department or regional board shall regularly communicate, and confer as appropriate, with the community advisory group.
• § 78965 — The following entities may participate in community advisory group meetings in order to provide information and technical expertise: (a) The department or regional boards.
• § 78970 — (a) The existence of a community advisory group shall not diminish any other obligation of the department or regional board with respect to public participation requirements specified in Section 78930
• § 78975 — A community advisory group established pursuant to Section 78950 may request, in writing, and a potentially responsible party may fund, a technical assistance grant for a site, for the purpose of prov
• § 7900 — Whenever human remains have been ordered removed under this chapter, and the cemetery authority has made and published notice of intention to remove such remains, the portions of the cemetery in which
• § 79000 — The department and the state board concurrently shall establish policies and procedures consistent with this part that the department’s representatives shall follow in overseeing and supervising the a
• § 79005 — (a) Notwithstanding paragraph (1) of subdivision (b) of Section 78075, any person may voluntarily enter into an enforceable agreement with the department pursuant to this section that allows removal o
• § 7901 — No order of any court shall be required prior to the making of any such sale, mortgage, or other encumbrance of such lands; but any sale of such cemetery lands made by any cemetery corporation or asso
• § 7902 — Petitions for confirmation of sales shall be made to the superior court of the county or city and county in which the lands are situated, and the clerk of the court shall fix a day for and give notice
• § 79020 — In exercising its authority at a hazardous substance release site pursuant to Section 78870 or 79055, the department shall issue orders to the largest manageable number of potentially responsible part
• § 79025 — The department shall schedule a meeting pursuant to Section 25269.
• § 7903 — If prior to the adoption of an ordinance pursuant to this chapter any cemetery authority has in good faith entered into any agreement to sell or has granted any option to buy all or any portion of its
• § 79030 — (a) A person issued an order pursuant to Section 78870 or 79055 may identify additional potentially responsible parties for the site to which the order is applicable and may request the department to
• § 79035 — Any determination made by the department regarding the largest manageable number of potentially responsible parties or the identification of other persons as potentially responsible parties pursuant t
• § 7904 — After the removal of all human remains interred in any part or the whole of the cemetery lands, the cemetery authority may file for record in the office of the county recorder of the county or city an
• § 7905 — With the approval of the governing body of the city or city and county in which the cemetery lands are situated, sufficient lands may be reserved from any cemetery lands from which the human remains h
• § 79055 — (a) Except as provided in Sections 79060 and 79065, no money shall be expended from the state account for removal or remedial actions on any site selected for inclusion on the list established pursuan
• § 7906 — After all remains have been removed from a cemetery in accordance with Chapters 3 and 4, Part 2, Division VII of this code, the dedication may be removed from all or any part of such cemetery lands by
• § 79060 — Section 79055 does not apply, and money from the state account shall be available, upon appropriation by the Legislature, for removal or remedial actions, if any of the following conditions apply: (a)
• § 79065 — (a) Notwithstanding Section 79055, the department may expend funds, upon appropriation by the Legislature, from the state account to conduct activities necessary to verify that an uncontrolled release
• § 79070 — (a) Except as provided in subdivision (b), the department may not expend funds from the state account for a removal or remedial action with respect to a hazardous substance release site owned or opera
• § 79075 — The department may not expend funds from the state account for the purposes specified in Section 79450 where the injury, degradation, destruction, or loss to natural resources, or the release of a haz
• § 79100 — (a) The department shall not agree to oversee the preparation of, or to review, a preliminary endangerment assessment for property if action is, or may be, necessary to address a release or threatened
• § 79105 — (a) Except as provided in subdivisions (b) and (c), any potentially responsible party at a site, or any person who has notified the department of that person’s intent to undertake removal or remediati
• § 79130 — (a) The director may initiate removal or remedial action pursuant to this part unless these actions have been taken, or are being taken properly and in a timely fashion, by any responsible party.
• § 79135 — (a) At least 30 days before initiating removal or remedial actions, the department shall make a reasonable effort to notify the persons identified by the department as potentially responsible parties
• § 79160 — A city or county may initiate a removal or remedial action for a site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 in accordance with this article.
• § 79165 — If the director approves the request of the city or county to initiate a removal or remedial action and a final remedial action plan has been issued pursuant to Article 12 (commencing with Section 791
• § 79170 — Upon reimbursing a city or county for the costs of a removal or remedial action, the department shall recover these costs pursuant to Section 79650.
• § 79175 — (a) In order for a city or county to be reimbursed for the costs of a removal or remedial action incurred by the city or county from the state account, the city or county shall obtain the approval of
• § 79180 — The department shall require a responsible party who is required to undertake corrective action obligations pursuant to a determination issued pursuant to Section 25246.
• § 79182 — (a) When submitting a feasibility study, a responsible party shall include a cost estimate for the response action.
• § 79184 — (a) If the source of the release is regulated by the department pursuant to this part or Chapter 6.
• § 79186 — A responsible party may satisfy the requirements of this article by demonstrating to the department that it has provided financial assurance for corrective action to the state board or a regional boar
• § 79188 — For sites for which sole jurisdiction has been granted pursuant to subdivision (b) of Section 25204.
• § 79190 — The department’s duties to implement this article are contingent upon an appropriation by the Legislature for purposes of implementing the requirements of this article.
• § 79195 — Except as provided in Sections 79225 and 79230, the department, or, if appropriate, the regional board, shall prepare or approve remedial action plans for the sites listed pursuant to Article 5 (comme
• § 79200 — (a) A potentially responsible party may request the department or the regional board, when appropriate, to prepare or approve a remedial action plan for a site not listed pursuant to Article 5 (commen
• § 79205 — All remedial action plans prepared or approved pursuant to this article shall be based upon Sections 78855 and 78860 and Subpart E of the National Oil and Hazardous Substances Pollution Contingency Pl
• § 79210 — A remedial action plan prepared pursuant to this article shall include the basis for the remedial action selected and shall include an evaluation of each alternative considered and rejected by the dep
• § 79215 — (a) Before adopting a final remedial action plan, the department or the regional board shall prepare or approve a draft remedial action plan and shall do all of the following: (1) Circulate the draft
• § 79220 — (a) (1) A potentially responsible party named in the final remedial action plan issued by the department or the regional board may seek judicial review of the final remedial action plan by filing a pe
• § 79225 — (a) This article does not require the department or a regional board to prepare a remedial action plan if conditions present at a site present an imminent or substantial endangerment to the public hea
• § 79230 — The department may waive the requirement that a remedial action plan meet the requirements specified in Section 79205 if all of the following apply: (a) The responsible party adequately characterizes
• § 79235 — For purposes of this article, the cost of a removal action includes the cleanup or removal of released hazardous substances from the environment or the taking of other actions that are necessary to pr
• § 79240 — Article 2 (commencing with Section 13320), Article 3 (commencing with Section 13330), Article 5 (commencing with Section 13350), and Article 6 (commencing with Section 13360) of Chapter 5 of Division
• § 7925 — Money payable or to become payable as the purchase price or on account of the purchase price of unused lands, or lands from which all remains have been removed is not subject to enforcement of a money
• § 7926 — Whenever any cemetery corporation or association has declared for removal and has published notice of its intention to make removals under this chapter, it may employ any money in its treasury to defr
• § 79260 — Any response action taken or approved pursuant to this part shall be based upon, and no less stringent than, all of the following requirements: (a) The requirements established under federal regulatio
• § 79265 — (a) Any health or ecological risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall be based upon Subpart E of the National Oil and Hazardous Subs
• § 7927 — From the money remaining in the treasury of the cemetery corporation or association after completing the removal and reinterment of the remains from its cemetery lands and the payment of all incidenta
• § 79270 — If currently available scientific data are insufficient to determine the level of a hazardous substance at which no known or anticipated adverse effects on health will occur, with an adequate margin o
• § 79275 — (a) The exposure assessment of any risk assessment prepared in conjunction with a response action taken or approved pursuant to this part shall include the development of reasonable maximum estimates
• § 7928 — After making provisions for an endowment care fund to provide for maintenance and care, the governing body of the cemetery corporation or association may use such portion of the funds then remaining a
• § 7929 — Any balance remaining in the fund may be used for such other purposes as the cemetery corporation or association may lawfully declare.
• § 79290 — To the extent consistent with the federal Resource Conservation and Recovery Act of 1976, as amended, (42 U.
• § 79295 — (a) The department may enforce in the court for the county in which a response action exempted pursuant to Section 79290 is located any federal or state law, rule, regulation, standard, requirements,
• § 7930 — Whenever any cemetery corporation or association having a governing body has caused the removal of remains from all or any portion of its cemetery and has funds in its treasury which are not required
• § 7931 — In lieu of itself investing, using or applying the funds for care or improvement, the cemetery corporation or association may transfer the funds to any other corporation under such conditions and regu
• § 79310 — For purposes of this article, “small business” is a business that meets the requirements set forth in subdivision (d) of Section 14837 of the Government Code.
• § 79315 — Except as provided in subdivision (a) of Section 79325, the department or the regional board shall require any responsible party who is required to comply with operation and maintenance requirements a
• § 7932 — Before any such transfer of funds is made, the cemetery corporation or association shall obtain an order authorizing the transfer from the superior court of the county where the cemetery or portion fr
• § 79320 — (a) For purposes of Section 79315, the responsible party shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in subdivisions (a) to (e), inclusive, of Section 66
• § 79325 — (a) The department or the regional board shall waive the financial assurance required by Section 79315 if the department or the regional board makes one of the following determinations: (1) The respon
• § 7933 — The order shall be obtained upon petition of the cemetery corporation or association, after such notice by publication as the court may direct, and any member or former plot owner may support or oppos
• § 79330 — On or before January 15, 2001, the department shall report to the Legislature all of the following: (a) The number of requests the department and the regional boards have received for waivers from the
• § 79350 — (a) The department may expend funds appropriated from the Illegal Drug Lab Cleanup Account created pursuant to Section 78370 to pay the costs of removal actions required by this article.
• § 79355 — A state or local law enforcement officer or investigator or other law enforcement agency employee who, in the course of an official investigation or enforcement action regarding the manufacture of an
• § 79360 — Notwithstanding any other provision of law, upon receipt of a notification pursuant to Section 79355, the department shall take removal action, as necessary, with respect to a hazardous substance that
• § 79365 — The department shall, as soon as the information is available, report the location of a removal action that will be carried out pursuant to Section 79360, and the time that the removal action will be
• § 79370 — (a) For purposes of Chapter 6.
• § 79375 — The department may adopt regulations to implement this article in consultation with appropriate law enforcement and local environmental agencies.
• § 79380 — (a) The department shall develop sampling and analytical methods for the collection of methamphetamine residue.
• § 79385 — The responsibilities assigned to the department by this article apply only to the extent that sufficient funding is made available for that purpose.
• § 79400 — (a) In any judicial action under this part, judicial review of any issues concerning the adequacy of any response action taken or ordered by the department shall be limited to the administrative recor
• § 79450 — (a) Money deposited in the state account may also be appropriated by the Legislature to the department on a specific site basis for the following purposes: (1) For all costs incurred in restoring, reh
• § 79465 — (a) Notwithstanding paragraph (1) of subdivision (b) of Section 25187 of the Health and Safety Code , the department may use any legal remedies available pursuant to this part or Chapter 6.
• § 79490 — (a) Any treatment, storage, transfer, or disposal facility built on the Stringfellow Quarry Class I Hazardous Waste Disposal Site, that was built for the purpose of a remedial or removal action at tha
• § 79495 — Notwithstanding any other provision of law, including, but not limited to, Article 5 (commencing with Section 78760) of Chapter 4, the department shall place the highest priority on taking removal and
• § 7950 — Whenever any cemetery authority owning or controlling cemetery lands from which remains are to be removed has acquired the possession or use of any cemetery for the purpose of providing a place for th
• § 7951 — Plots, crypts, or niches may be sold to persons desiring to make reinterments.
• § 7952 — The governing body of any cemetery corporation or association may receive and accept as part or full consideration for the purchase price of new plots full or partial releases of rights in or to the w
• § 7953 — After the removal and reinterment of remains disinterred from any cemetery the cemetery authority shall cause to be erected upon or imbedded in any plot in which any remains are reinterred a suitable
• § 7954 — The cemetery authority shall prepare a complete map or plat describing and showing the location and subdivision into plots of the cemetery lands where remains are reinterred, or a plan of any mausoleu
• § 7955 — The map or plan shall be kept on file in the office of the cemetery authority and shall at all times be open to inspection by the relatives or friends of deceased persons whose remains are reinterred
• § 79550 — Any person subject to a removal or remedial action order or other order issued pursuant to Section 78660, 78870, or 79055 who does not comply with that order without sufficient cause shall be subject
• § 79555 — (a) (1) A responsible party who has entered into an agreement with the department and is in compliance with the terms of that agreement, or who is in compliance with an order issued by the department,
• § 79570 — (a) Any person who is liable for a release, or threat of a release, of hazardous substances and who fails, without sufficient cause, as determined by the court, to properly provide a removal or remedi
• § 79580 — There shall be no recovery of punitive damages under Section 79570 for an injury to or loss of natural resources that occurred wholly before September 25, 1981.
• § 79590 — (a) (1) The department may issue a complaint to any person subject to a penalty pursuant to Sections 78680 and 79550.
• § 79595 — (a) Any hearing required under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the departmen
• § 79600 — All penalties collected under this article and Section 79550 shall be deposited in the state account and shall be available for expenditure by the department upon appropriation by the Legislature.
• § 79650 — (a) A cost incurred by the department or regional board in carrying out or overseeing a response or a corrective action under this part or Chapter 6.
• § 79655 — (a) (1) Until June 30, 2021, except as provided in subdivision (b), a monetary obligation to the department pursuant to this part or Chapter 6.
• § 79660 — The entry of judgment against any party to the action shall not be deemed to bar any future action by the state account against any person who is later discovered to be potentially liable for costs an
• § 79665 — The standard of liability for costs recoverable pursuant to this part is strict liability.
• § 79670 — (a) A person who has incurred response or corrective action costs in accordance with this part, Chapter 6.
• § 79680 — Notwithstanding any provision of Section 78165, any costs incurred and payable from the Hazardous Substance Account, the Hazardous Waste Control Account, or the Site Remediation Account prior to July
• § 79685 — Notwithstanding Section 78850, the Governor, or the authorized representative of the state, shall act on behalf of the public as trustee of the natural resources to recover costs expended pursuant to
• § 79690 — The department shall recover any funds expended pursuant to subdivision (a) or (b) of Section 79070 to the maximum possible extent pursuant to Section 79650.
• § 79700 — The state account shall be a party in any action for recovery of costs or expenditures under this part incurred from the state account.
• § 79705 — (a) In the event a district attorney, county counsel, or a city attorney has brought an action for civil or criminal penalties pursuant to Chapter 6.
• § 79710 — Upon motion and sufficient showing by any party, the court shall join to the action any person who may be liable for costs or expenditures of the type recoverable under this part.
• § 79725 — An action may be commenced under Section 79650 or 79685 at any time prior to expiration of the applicable limitations period provided for by this article.
• § 79730 — (a) (1) Except as provided in paragraph (2) and subdivision (b), an action under Section 79650 for the recovery of costs incurred by the department or a regional board in carrying out or overseeing a
• § 79735 — An action under Section 79685 for costs incurred by the department for the purposes specified in Section 79450 shall be commenced within three years after certification by the department of the comple
• § 79740 — (a) (1) In an action described in Section 79730 or 79735 for recovery of response or corrective action costs, oversight costs, or damages, where the court has entered a judgment for past costs or dama
• § 79745 — This article does not apply to a cost recovery action brought by a regional board under the Water Code.
• § 7975 — When any law or ordinance requires that the remains interred in any cemetery be removed and reinterred elsewhere, no county, town or political subdivision in which the reinterment of disinterred remai
• § 79760 — (a) Except as provided in Section 79765, a party found liable for costs recoverable under this part who establishes by a preponderance of the evidence that only a portion of those costs are attributab
• § 79765 — Notwithstanding this part, a response action contractor who is found liable for any costs recoverable under this part and who establishes by a preponderance of the evidence that only a portion of thos
• § 79780 — For purposes of this article, the following definitions apply: (a) “Owner” means either (1) the owner of property who occupies a single-family residence or one-half of a duplex constructed on the prop
• § 79785 — Notwithstanding any other provision of this part, this article governs liability pursuant to this part for an owner of property.
• § 79790 — (a) Notwithstanding any other provision of this part, an owner of property that is the site of a hazardous substance release is presumed to have no liability pursuant to this part for either of the fo
• § 79795 — An action for recovery of costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release may not be brought against an owner of property unles
• § 7980 — The heirs, relatives or friends of any decedent whose remains have been interred in any cemetery owned, governed or controlled by any religious corporation or by any church or religious society of any
• § 79800 — In an action brought against an owner of property to recover costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release, the presumption e
• § 79810 — For the purposes of this article, the following terms have the following meaning: (a) “Easement” means a conservation easement, as defined in Section 815.
• § 79815 — (a) Notwithstanding any other provision of this part, this article governs liability pursuant to this part for an owner of property.
• § 79820 — (a) Notwithstanding any other provision of this part, if an environmental assessment of property discovers no evidence of the presence or likely presence of a release or a threat of a release of a haz
• § 79825 — An action for recovery of costs or expenditures incurred from the state account pursuant to this part in response to a hazardous substance release shall not be brought against an owner of property unl
• § 79840 — For purposes of this article, “household hazardous waste collection program” means a program or facility, specified in Section 25218.
• § 79845 — A public agency operating a household hazardous waste collection program or a person operating a household hazardous waste collection program under a written agreement with a public agency, or, for ma
• § 79850 — Except as provided in Section 79845, this article does not affect or modify the obligations or liabilities of a person imposed pursuant to state or federal law.
• § 79860 — Except as provided in Article 10 (commencing with Section 79875), no indemnification, hold harmless, conveyance, or similar agreement shall be effective to transfer any liability for cost or expenditu
• § 79865 — The repeal of Section 25364.
• § 79875 — For purposes of this article, the following definitions shall apply: (a) “Affiliate” means any entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is
• § 79880 — Notwithstanding any other provision of law, except as provided in Sections 79885 and 79890, the director may release from liability under this part or Chapter 6.
• § 79885 — A release from liability shall not be granted pursuant to Section 79880 unless all of the following conditions are met: (a) A responsible party owner has entered into a stipulated settlement of an ord
• § 79890 — Notwithstanding any other provision of this article, a release from liability granted pursuant to Section 79880 shall not extend to any of the following: (a) (1) Any person who was a responsible party
• § 79895 — Any release from liability granted by the director pursuant to this article shall contain the following provision: “If, for any reason, the responsible party does not complete the removal or remedial
• § 79900 — The site may be subdivided to create subdivided parcels of land, pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), in order to facilit
• § 79910 — (a) Notwithstanding any other provision of this chapter, the costs incurred by a state agency to take a hazardous substance response action at the BKK Landfills Site in the City of West Covina shall b
• § 79920 — (a) The department shall, if it determines that it is practicable and in the public interest, propose a final administrative or judicial expedited settlement with potentially responsible parties if th
• § 79935 — (a) (1) Any costs or damages incurred by the department or regional board pursuant to this part constitute a claim and lien upon the real property owned by the responsible party that is subject to, or
• § 79940 — The lien imposed by this article shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the property subject to the lien is located.
• § 79945 — (a) The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record, as shown on the latest equalized assessment roll.
• § 79950 — The department shall not be considered a responsible party for a hazardous substance release site because a claim and lien is imposed pursuant to this article.
• § 79955 — All funds recovered pursuant to this article shall be deposited in the state account.
• § 8 — Writing includes any form of recorded message capable of comprehension by ordinary visual means.
• § 8000 — If it appears to the board of supervisors of any county owning a county cemetery that: (a) It is necessary that the property be used for other purposes, and (b) The cemetery is located on a portion of
• § 80000 — For purposes of this chapter, the following definitions shall apply: (a) “Fund” means the Orphan Share Reimbursement Trust Fund established pursuant to Section 80020.
• § 80005 — The Legislature finds and declares all of the following: (a) This chapter, which establishes an Orphan Share Reimbursement Trust Fund, operates in conjunction with the federal liability scheme under t
• § 8001 — Any resolution or declaration for abandonment adopted and made under the provisions of this article shall specify and declare that at any time after the expiration of 60 days after the first publicati
• § 80010 — (a) This chapter does not prohibit, and is not intended to prohibit, the department, the regional board, or the Attorney General from pursuing any existing legal, equitable, or administrative remedies
• § 8002 — At any time before the date fixed for the removal of the remains by the county owning or controlling such cemetery land, any relative or friend of any person whose remains are interred in the cemetery
• § 80020 — (a) The Orphan Share Reimbursement Trust Fund is hereby created in the State Treasury.
• § 80025 — Except as provided in subdivision (b) of Section 78420 and subdivision (c) of Section 80020, the administrator of the fund may expend the money in the fund for all of the following purposes: (a) To pa
• § 8003 — After the publication and mailing of the notice mentioned in Section 8001 of this code and after the expiration of the 60 days specified in the notice, the county shall have the power to cause the rem
• § 8004 — Whenever the remains of any person shall be removed from any abandoned cemetery by the county owning such abandoned cemetery, such remains shall be transported and reinterred in a separate and suitabl
• § 80040 — A potentially responsible party may file a claim pursuant to subdivision (a) of Section 80025 only if all of the following apply: (a) The site is listed pursuant to Article 5 (commencing with Section
• § 80045 — The administrator of the fund shall prescribe appropriate application forms and procedures for claims filed pursuant to subdivision (a) of Section 80025 that shall include all of the following: (a) Re
• § 8005 — After the removal of all human remains the property may be used, managed and controlled by the board of supervisors as other county property.
• § 80050 — (a) The administrator of the fund shall annually, on a fiscal year basis, pay claims for reimbursement from the fund filed by potentially responsible parties under subdivision (a) of Section 80025, in
• § 80055 — A claim for reimbursement under subdivision (a) of Section 80025 shall not be filed for any of the following: (a) Sites listed on the National Priorities List pursuant to the federal act (42 U.
• § 80070 — For the purposes of this chapter, the orphan share shall be determined in the following manner: (a) The orphan share shall be expressed as a percentage in multiples of five, up to, and, including, but
• § 80080 — Any costs paid from the fund pursuant to subdivisions (a) and (d) of Section 80025 shall be recoverable by the Attorney General, at the request of the administrator of the fund, from any liable person
• § 80085 — Any potentially responsible party who withholds information required to be submitted under this section or Section 80080, or who submits false information, is subject to a civil penalty of up to twent
• § 80090 — (a) Any costs incurred and payable from the fund by the administrator pursuant to this chapter shall constitute a claim and lien upon the real property owned by a responsible party that is subject to,
• § 8010 — This chapter shall be known, and may be cited as the California Native American Graves Protection and Repatriation Act of 2001.
• § 80100 — (a) This chapter shall become operative on the operative date of the statute that does either, or both, of the following: (1) Appropriates funds to the fund to implement this chapter.
• § 8011 — It is the intent of the Legislature to do all of the following: (a) Provide a seamless and consistent state policy to ensure that all California Indian human remains and cultural items be treated with
• § 8012 — Terms used in this chapter have the same meaning as defined in the federal Native American Graves Protection and Repatriation Act (25 U.
• § 8013 — (a) On or before January 1, 2021, the commission shall develop a list of all California Indian tribes and their respective state aboriginal territories.
• § 8014 — (a) A lineal descendent claiming a relationship with, and requesting return of, Native American human remains or cultural items listed in the inventory or summary of an agency or museum, or that reque
• § 8015 — (a) Upon receiving a written request for repatriation of an item on the inventory, the commission shall forward a copy of the request to the agency or museum in possession of the item, if the criteria
• § 8016 — (a) An agency or museum receiving a repatriation request pursuant to Section 8014 shall repatriate human remains and cultural items if all of the following criteria have been met: (1) The requested hu