25399
HEALTH AND SAFETY CODE
SECTION 25399
25399. (a) A responsible person is liable to the department and the trust fund for the response costs as provided in the agreement entered into pursuant to Section 25398.2, and for any other response costs incurred by the state, which are allocated to the responsible person in a final liability apportionment decision by the department pursuant to Section 25398.8 or the final decision of an arbitration panel pursuant to Section 25398.10 and which have been paid, or assigned for payment, from the trust fund. (b) Actions to recover any response costs incurred by the state shall be commenced by the Attorney General, upon the request of the department or the fund administrator, against the responsible person or persons. (c) The department and the fund administrator shall only seek response costs in an action pursuant to paragraph (b) from those responsible persons who have not paid their apportioned share of response costs to the department, or who have otherwise failed to comply with this chapter or any regulation, agreement, or order adopted pursuant to this chapter. (d) Any person who has incurred response costs in accordance with this chapter may seek contribution or indemnity from any person who is liable pursuant to this chapter, except that no claim may be asserted against a person whose liability has been determined and which has been or is being fully discharged pursuant to this chapter, or against a person who has executed an agreement with the department pursuant to Section 25398.2, and is in compliance with this chapter and any regulation, agreement, or order adopted pursuant to this chapter. An action to enforce a claim may be brought as a cross-complaint by a defendant in an action brought pursuant to this section, or in a separate action for contribution or indemnity after the plaintiff has paid the department for response costs in accordance with this chapter. Any plaintiff or cross-complainant seeking contribution or indemnity shall give written notice to the department upon filing an action or cross-complaint under this section. In resolving claims for contribution or indemnity, the court shall allocate costs among liable parties, including the orphan shares, as set forth in the department's final liability apportionment decision or an arbitration panel decision pursuant to this chapter, except in instances where responsible parties have agreed to pay for orphan shares pursuant to the agreement provided for in Section 25398.2. (e) (1) An action under this section for the recovery of response costs shall be commenced within three years after a certificate of completion is issued pursuant to Section 25398.15 or, in cases where responsible persons are identified by the department after that three-year period, within three years after the responsible persons are identified. (2) A subsequent action or actions under this section for further response costs may be maintained at any time during the response action, but shall be commenced no later than three years after the date of completion of all response action. (f) In addition to any other response costs recovered from the responsible parties for each site, the department and the fund administrator, on behalf of the trust fund, may recover up to one-thirtieth of those costs incurred by the state in implementing and administering this chapter. The department shall specify in the Governor's Budget the amount of costs for which it will seek recovery pursuant to this subdivision, and shall specify either in that document, or in a separate document submitted to the Joint Legislative Budget Committee, the methodology used in calculating those costs.