§ 25400.46. — 25400.46. (Amended by Stats. 2019, Ch. 691, Sec. 18.)

California § 25400.46.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 20.: DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS
• Ch. 6.9.1.: CHAPTER 6.9.1. Methamphetamine or Fentanyl Contaminated Property Cleanup Act
• Art. 7.: ARTICLE 7. Enforcement and Liability

Text

(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 methamphetamine or fentanyl laboratory activity on or at property subject to subdivision (a), and who is not the owner of that property, is liable for, and shall reimburse the owner of the property for, any cost that property owner may incur pursuant to subdivision (a).
(c)
The owner of a mobilehome, manufactured home, or recreational vehicle, in or about which a methamphetamine or fentanyl laboratory activity occurred, is liable for, and
shall reimburse the owner of the real property on which the mobilehome, manufactured home, or recreational vehicle is located for, any cost the owner of the real property incurs pursuant to subdivision (a).

Legislative History

Amended by Stats. 2019, Ch. 691, Sec. 18. (AB 1596) Effective January 1, 2020.