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HomeHealth and Safety CodeDiv. 45Pt. 2Ch. 8Art. 6§ 79800 Rebuttal Of Hazardous Release Presumption

§ 79800 Rebuttal Of Hazardous Release Presumption

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

§ 79800 Rebuttal Of Hazardous Release Presumption

Key Takeaways

  • •If the state spends money to clean up a dangerous spill on someone's property, the owner might have to pay it back.
  • •The owner can argue they shouldn't have to pay if they can prove the state's reasons for charging them are wrong.
  • •The owner needs to show strong evidence to win this argument.

Example

A gas station owner has an old underground tank that leaks, and the state cleans it up.

The state will ask the owner to pay for the cleanup. The owner can say no if they prove the state made a mistake in blaming them for the leak.

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

Official Source
View on CA.gov

§ 79800 Rebuttal Of Hazardous Release Presumption

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 established in Section 79790 may be rebutted if it is established by a preponderance of the evidence that the facts upon which the department made the certification pursuant to subdivision (a), (b), or (c) of Section 79795 are true. (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

propertyhazardousclaimreleasecleanupsubstanceevidenceoperative january

Related Statutes

  • § 79795 Hazardous Substance Cost Recovery
  • § 79790 Property Owner Liability Presumption
  • § 79820 Property Owner Liability Presumption
  • § 79945 Hazardous Substance Lien Requirements
  • § 79950 Department Liability Exemption

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 79800.
View Official Source