§ 79555 Contribution Defendant Treble Damages

Key Takeaways

•If someone agrees to clean up pollution but doesn't do it, they might have to pay 3 times the normal cost to the person who did clean up.
•You won't have to pay extra if you had a good reason for not following the rules, like not knowing about them or not being the one who caused the pollution.
•You must be officially told about the cleanup rules before you can be asked to pay extra money.
•Half of the extra money paid goes to the state.

Example

A factory and a store are next to each other. The factory pollutes the land, and both agree to clean it up. The store cleans its part, but the factory does nothing.

The store can ask the factory to pay 3 times the cost of cleaning up the factory's part because the factory didn't do what it agreed to do.

(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, may seek, in addition to contribution, treble damages from any contribution defendant who has failed or refused to comply with any order or agreement, was named in the order or agreement, and is subject to contribution. (2) A contribution defendant from whom treble damages are sought in a contribution action shall not be assessed treble damages by any court where the contribution defendant, for sufficient cause, as determined by the court, failed to comply with an agreement or with an order issued by the department, or where the contribution defendant is an owner of real property who did not generate, treat, transport, store, or dispose of the hazardous substance on, in, or at the facility located on that real property, as specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)), or where the principles of fundamental fairness would be violated, as determined by the court. (3) A party seeking treble damages pursuant to this section shall show that the party, the department, or another entity provided notice, by means of personal service or certified mail, of the order or agreement to the contribution defendant from whom the party seeks treble damages. (b) (1) One-half of any treble damages awarded pursuant to this section shall be paid to the department, for deposit in the state account. (2) Nothing in this subdivision affects the rights of any party to seek contribution pursuant to any other statute or under common law. (c) A contribution defendant from whom treble damages are sought pursuant to this section shall be deemed to have acted willfully with respect to the conduct that gave rise to this liability for purposes of Section 533 of the Insurance Code. (Added by Stats. 2022, Ch. 257, Sec. 2. (AB 2293) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 4 of Stats. 2022, Ch. 257.)

Key Takeaways

•If someone agrees to clean up pollution but doesn't do it, they might have to pay 3 times the normal cost to the person who did clean up.
•You won't have to pay extra if you had a good reason for not following the rules, like not knowing about them or not being the one who caused the pollution.
•You must be officially told about the cleanup rules before you can be asked to pay extra money.
•Half of the extra money paid goes to the state.

Example

A factory and a store are next to each other. The factory pollutes the land, and both agree to clean it up. The store cleans its part, but the factory does nothing.

The store can ask the factory to pay 3 times the cost of cleaning up the factory's part because the factory didn't do what it agreed to do.

Key Takeaways

Example

Key Terms

References

§ 79555 Contribution Defendant Treble Damages

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References