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HomeHealth and Safety CodeDiv. 45Pt. 2Ch. 8Art. 6§ 79790 Property Owner Liability Presumption

§ 79790 Property Owner Liability Presumption

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 79790 Property Owner Liability Presumption

Key Takeaways

  • •If you own land where bad chemicals spill, you might not be in trouble for the spill.
  • •If bad chemicals from somewhere else get into the water under your land, you might not be blamed.
  • •But someone can prove you should still be in trouble if they follow the rules in Section 79800.

Example

You own a piece of land, and a truck crashes nearby, spilling chemicals that seep into the ground under your property.

You probably won’t be in trouble for the chemicals under your land because they came from somewhere else.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 79790 Property Owner Liability Presumption

(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 following: (1) A hazardous substance release that has occurred on the property. (2) A release of a hazardous substance to groundwater underlying the property if the release occurred at a site other than the property. (b) The presumption may be rebutted as provided in Section 79800. (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.)

Last verified: January 24, 2026

Key Terms

contaminationliabilitysubstancepropertyhazardousreleaseunder californiaoperative january

Related Statutes

  • § 79795 Hazardous Substance Cost Recovery
  • § 79800 Rebuttal Of Hazardous Release Presumption
  • § 79820 Property Owner Liability Presumption
  • § 79885 Liability Release Conditions
  • § 79785 Property Owner Liability Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 79790.
View Official Source