State Codes and Statutes
Statutes > California > Hsc > 25398.16-25398.17HEALTH AND SAFETY CODE
SECTION 25398.16-25398.17
25398.16. The department shall have the same authority with regard to a remedial action site selected for response pursuant to this chapter as the authority provided in Sections 25358.1 and 25359.5 and all potentially responsible persons are entitled to the trade secret protection set forth in Section 25358.2 with regard to any action taken by the department pursuant to this chapter. 25398.17. (a) A responsible person who has entered into an agreement with the department, and is in compliance with the terms of that agreement and who is in compliance with all orders issued by the department, may seek, in addition to contribution, treble damages from any responsible person who has failed or refused to comply with any order or agreement relating to a site selected for response action under this chapter, was named in the order or agreement, and is subject to contribution. A responsible person from whom treble damages is sought in a contribution action shall not be assessed treble damages by any court where the responsible person, 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 principles of fundamental fairness will be violated, as determined by the court. A responsible person seeking treble damages pursuant to this section shall show that notice of the order or agreement was provided to the responsible person against whom treble damages are being sought. (b) One-half of any treble damages awarded pursuant to this section shall be paid to the department for deposit in the trust fund. Nothing in this subdivision affects the rights of any party to seek contribution pursuant to any other statute or under common law. (c) If treble damages are assessed against any person pursuant to this section, that person 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.
