115175. The department shall have the authority in the event of an
emergency to impound or order the impounding of sources of ionizing
radiation in the possession of any person who is not equipped to
observe or fails to observe this chapter or any rules or regulations
issued thereunder.
115180. The term "decontamination," as used in this chapter, means
the reduction of the level of contamination from radioactive material
to the level that the department determines is reasonably necessary
to eliminate the hazard to public health that is caused by the
contamination of any object, building, structure, or premises. Any
order by the department pursuant to Section 115185 shall prescribe
the level to which the contamination is required to be reduced in
order to eliminate the hazard to the public health.
115185. If the department determines that any object, building,
structure, or premises is contaminated by radioactive material and
constitutes a hazard to the public health, it shall order the person
who has control of the object, building, structure, or premises to
cease to use or occupy and to exercise due caution to prevent others
from using or occupying the object, building, structure, or premises,
except to the extent necessary to accomplish the decontamination, or
to the extent necessary to accomplish the disposal of the object,
building, or structure as radioactive waste. The normal use or
occupancy of the object, building, structure, or premises may not be
resumed until decontamination has been accomplished and a release
obtained from the department.
If the person who has control of the object, building, structure,
or premises fails to comply with the department's order to
decontaminate, the department may impound or seize the object,
building, structure, or premises. The department after impounding or
seizure of an object, building, structure, or premises, may
decontaminate the object, building, structure, or premises.
115190. If the department determines that the object, building,
structure, or premises does not warrant decontamination because of
its low value, it shall so notify in writing the person who had
control of the object, building, structure, or premises. The person
so notified may decontaminate the object, building, structure, or
premises, but if he or she fails to do so within 15 days after the
notice, the department may cause the object, building, structure, or
premises to be disposed of as radioactive waste.
115195. If the department causes the object, building, structure or
premises to be decontaminated, the department shall, upon the
completion of the decontamination, return the impounded article or
seized building, structure, or premises to the person who had control
of the article, building, structure, or premises prior to the
impounding or seizure. The person who has control of the object,
building, structure, or premises and was responsible for its
contamination shall pay the department for the reasonable and
necessary costs incurred by the department in seizing and
decontaminating or in seizing and disposing of the object, building,
structure, or premises.
115200. If the contamination of the object, building, structure, or
premises resulted from the negligence of another person, then the
department may require that person to pay all reasonable and
necessary costs incurred by the department in seizing and
decontaminating or disposing of the object, building, structure, or
premises and may maintain any action necessary to recover those
costs.
115205. (a) A lien in favor of the people of California shall be
imposed upon any object, building, structure, or premises for the
reasonable amount of expenses and costs incurred by the department in
carrying out the provisions of Section 115185, 115190, 115195, or
115200 if the owner of the property or of any interest therein is the
person responsible for the contamination, and to the extent of the
interest of that person. Notice of lien or notice of intent to impose
a lien shall be posted by the department upon any object, building,
structure, or premises impounded or seized by the department and
notice of lien or notice of intent to impose a lien shall be filed
with the county recorder of the county in which they are located.
The lien shall not become effective until the notice of lien,
particularly identifying the property, the interest subject to the
lien and the name of the owner of record of the property, and the
amount of the lien, is recorded in the office of the county recorder
in the county where the property is located. Upon the recordation,
the lien shall have the same force, effect and priority as if it had
been a judgment lien imposed upon real property that was not exempt
from execution, except that it shall attach only to the property
described in the notice and impounded or seized by the department,
and shall continue for 10 years from the time of the recording of the
notice unless sooner released or otherwise discharged.
(b) The department may at any time release all or any portion of
the property subject to a lien imposed pursuant to subdivision (a)
from the lien or subordinate the lien to other liens and encumbrances
if it determines that the amount owed is sufficiently secured by a
lien on other property or that the release or subordination of the
lien will not jeopardize the collection of the amount owed. A
certificate by the department to the effect that any property has
been released from the lien or that the lien has been subordinated to
other liens and encumbrances shall be conclusive evidence that the
property has been released or that the lien has been subordinated as
provided in the certificate.
115210. (a) The city attorney of the city or the district attorney
of the county in which any violations of this chapter occur,
occurred, or will occur, or the Attorney General, at the request of
the department, may institute on behalf of the people of California
any civil action necessary to carry out this chapter, including, but
not restricted to, the enforcement of liens, the obtaining of
injunctions, or the imposition of civil penalties.
(b) If the civil penalties are awarded and the action is brought
by a city attorney or district attorney, the penalty shall be paid
directly to the city or county. If no penalty is awarded or paid, or
both, the state shall have no obligation to make any payment to the
city or county.
If the civil penalty is awarded and the action is brought by the
Attorney General, the penalty shall be deposited in the General Fund.
115175. The department shall have the authority in the event of an
emergency to impound or order the impounding of sources of ionizing
radiation in the possession of any person who is not equipped to
observe or fails to observe this chapter or any rules or regulations
issued thereunder.
115180. The term "decontamination," as used in this chapter, means
the reduction of the level of contamination from radioactive material
to the level that the department determines is reasonably necessary
to eliminate the hazard to public health that is caused by the
contamination of any object, building, structure, or premises. Any
order by the department pursuant to Section 115185 shall prescribe
the level to which the contamination is required to be reduced in
order to eliminate the hazard to the public health.
115185. If the department determines that any object, building,
structure, or premises is contaminated by radioactive material and
constitutes a hazard to the public health, it shall order the person
who has control of the object, building, structure, or premises to
cease to use or occupy and to exercise due caution to prevent others
from using or occupying the object, building, structure, or premises,
except to the extent necessary to accomplish the decontamination, or
to the extent necessary to accomplish the disposal of the object,
building, or structure as radioactive waste. The normal use or
occupancy of the object, building, structure, or premises may not be
resumed until decontamination has been accomplished and a release
obtained from the department.
If the person who has control of the object, building, structure,
or premises fails to comply with the department's order to
decontaminate, the department may impound or seize the object,
building, structure, or premises. The department after impounding or
seizure of an object, building, structure, or premises, may
decontaminate the object, building, structure, or premises.
115190. If the department determines that the object, building,
structure, or premises does not warrant decontamination because of
its low value, it shall so notify in writing the person who had
control of the object, building, structure, or premises. The person
so notified may decontaminate the object, building, structure, or
premises, but if he or she fails to do so within 15 days after the
notice, the department may cause the object, building, structure, or
premises to be disposed of as radioactive waste.
115195. If the department causes the object, building, structure or
premises to be decontaminated, the department shall, upon the
completion of the decontamination, return the impounded article or
seized building, structure, or premises to the person who had control
of the article, building, structure, or premises prior to the
impounding or seizure. The person who has control of the object,
building, structure, or premises and was responsible for its
contamination shall pay the department for the reasonable and
necessary costs incurred by the department in seizing and
decontaminating or in seizing and disposing of the object, building,
structure, or premises.
115200. If the contamination of the object, building, structure, or
premises resulted from the negligence of another person, then the
department may require that person to pay all reasonable and
necessary costs incurred by the department in seizing and
decontaminating or disposing of the object, building, structure, or
premises and may maintain any action necessary to recover those
costs.
115205. (a) A lien in favor of the people of California shall be
imposed upon any object, building, structure, or premises for the
reasonable amount of expenses and costs incurred by the department in
carrying out the provisions of Section 115185, 115190, 115195, or
115200 if the owner of the property or of any interest therein is the
person responsible for the contamination, and to the extent of the
interest of that person. Notice of lien or notice of intent to impose
a lien shall be posted by the department upon any object, building,
structure, or premises impounded or seized by the department and
notice of lien or notice of intent to impose a lien shall be filed
with the county recorder of the county in which they are located.
The lien shall not become effective until the notice of lien,
particularly identifying the property, the interest subject to the
lien and the name of the owner of record of the property, and the
amount of the lien, is recorded in the office of the county recorder
in the county where the property is located. Upon the recordation,
the lien shall have the same force, effect and priority as if it had
been a judgment lien imposed upon real property that was not exempt
from execution, except that it shall attach only to the property
described in the notice and impounded or seized by the department,
and shall continue for 10 years from the time of the recording of the
notice unless sooner released or otherwise discharged.
(b) The department may at any time release all or any portion of
the property subject to a lien imposed pursuant to subdivision (a)
from the lien or subordinate the lien to other liens and encumbrances
if it determines that the amount owed is sufficiently secured by a
lien on other property or that the release or subordination of the
lien will not jeopardize the collection of the amount owed. A
certificate by the department to the effect that any property has
been released from the lien or that the lien has been subordinated to
other liens and encumbrances shall be conclusive evidence that the
property has been released or that the lien has been subordinated as
provided in the certificate.
115210. (a) The city attorney of the city or the district attorney
of the county in which any violations of this chapter occur,
occurred, or will occur, or the Attorney General, at the request of
the department, may institute on behalf of the people of California
any civil action necessary to carry out this chapter, including, but
not restricted to, the enforcement of liens, the obtaining of
injunctions, or the imposition of civil penalties.
(b) If the civil penalties are awarded and the action is brought
by a city attorney or district attorney, the penalty shall be paid
directly to the city or county. If no penalty is awarded or paid, or
both, the state shall have no obligation to make any payment to the
city or county.
If the civil penalty is awarded and the action is brought by the
Attorney General, the penalty shall be deposited in the General Fund.
115175. The department shall have the authority in the event of an
emergency to impound or order the impounding of sources of ionizing
radiation in the possession of any person who is not equipped to
observe or fails to observe this chapter or any rules or regulations
issued thereunder.
115180. The term "decontamination," as used in this chapter, means
the reduction of the level of contamination from radioactive material
to the level that the department determines is reasonably necessary
to eliminate the hazard to public health that is caused by the
contamination of any object, building, structure, or premises. Any
order by the department pursuant to Section 115185 shall prescribe
the level to which the contamination is required to be reduced in
order to eliminate the hazard to the public health.
115185. If the department determines that any object, building,
structure, or premises is contaminated by radioactive material and
constitutes a hazard to the public health, it shall order the person
who has control of the object, building, structure, or premises to
cease to use or occupy and to exercise due caution to prevent others
from using or occupying the object, building, structure, or premises,
except to the extent necessary to accomplish the decontamination, or
to the extent necessary to accomplish the disposal of the object,
building, or structure as radioactive waste. The normal use or
occupancy of the object, building, structure, or premises may not be
resumed until decontamination has been accomplished and a release
obtained from the department.
If the person who has control of the object, building, structure,
or premises fails to comply with the department's order to
decontaminate, the department may impound or seize the object,
building, structure, or premises. The department after impounding or
seizure of an object, building, structure, or premises, may
decontaminate the object, building, structure, or premises.
115190. If the department determines that the object, building,
structure, or premises does not warrant decontamination because of
its low value, it shall so notify in writing the person who had
control of the object, building, structure, or premises. The person
so notified may decontaminate the object, building, structure, or
premises, but if he or she fails to do so within 15 days after the
notice, the department may cause the object, building, structure, or
premises to be disposed of as radioactive waste.
115195. If the department causes the object, building, structure or
premises to be decontaminated, the department shall, upon the
completion of the decontamination, return the impounded article or
seized building, structure, or premises to the person who had control
of the article, building, structure, or premises prior to the
impounding or seizure. The person who has control of the object,
building, structure, or premises and was responsible for its
contamination shall pay the department for the reasonable and
necessary costs incurred by the department in seizing and
decontaminating or in seizing and disposing of the object, building,
structure, or premises.
115200. If the contamination of the object, building, structure, or
premises resulted from the negligence of another person, then the
department may require that person to pay all reasonable and
necessary costs incurred by the department in seizing and
decontaminating or disposing of the object, building, structure, or
premises and may maintain any action necessary to recover those
costs.
115205. (a) A lien in favor of the people of California shall be
imposed upon any object, building, structure, or premises for the
reasonable amount of expenses and costs incurred by the department in
carrying out the provisions of Section 115185, 115190, 115195, or
115200 if the owner of the property or of any interest therein is the
person responsible for the contamination, and to the extent of the
interest of that person. Notice of lien or notice of intent to impose
a lien shall be posted by the department upon any object, building,
structure, or premises impounded or seized by the department and
notice of lien or notice of intent to impose a lien shall be filed
with the county recorder of the county in which they are located.
The lien shall not become effective until the notice of lien,
particularly identifying the property, the interest subject to the
lien and the name of the owner of record of the property, and the
amount of the lien, is recorded in the office of the county recorder
in the county where the property is located. Upon the recordation,
the lien shall have the same force, effect and priority as if it had
been a judgment lien imposed upon real property that was not exempt
from execution, except that it shall attach only to the property
described in the notice and impounded or seized by the department,
and shall continue for 10 years from the time of the recording of the
notice unless sooner released or otherwise discharged.
(b) The department may at any time release all or any portion of
the property subject to a lien imposed pursuant to subdivision (a)
from the lien or subordinate the lien to other liens and encumbrances
if it determines that the amount owed is sufficiently secured by a
lien on other property or that the release or subordination of the
lien will not jeopardize the collection of the amount owed. A
certificate by the department to the effect that any property has
been released from the lien or that the lien has been subordinated to
other liens and encumbrances shall be conclusive evidence that the
property has been released or that the lien has been subordinated as
provided in the certificate.
115210. (a) The city attorney of the city or the district attorney
of the county in which any violations of this chapter occur,
occurred, or will occur, or the Attorney General, at the request of
the department, may institute on behalf of the people of California
any civil action necessary to carry out this chapter, including, but
not restricted to, the enforcement of liens, the obtaining of
injunctions, or the imposition of civil penalties.
(b) If the civil penalties are awarded and the action is brought
by a city attorney or district attorney, the penalty shall be paid
directly to the city or county. If no penalty is awarded or paid, or
both, the state shall have no obligation to make any payment to the
city or county.
If the civil penalty is awarded and the action is brought by the
Attorney General, the penalty shall be deposited in the General Fund.
