Otay Land Company, LLC v. U.E. Limited, L.P.
C.A. 4th; D068347 The Fourth Appellate District reversed in part a judgment. The court held that the Carpenter-Presley-Tanner Hazardous Substances Account…
September 29, 2017 at 08:44 PM
3 minute read
C.A. 4th;
D068347
The Fourth Appellate District reversed in part a judgment. The court held that the Carpenter-Presley-Tanner Hazardous Substances Account Act (HSAA) provides a right of action to recover voluntarily incurred remediation costs.
Otay Land Company, LLC and Flat Rock Land Company, LLC purchased real property previously used as commercial shooting range. The soil was contaminated with spent lead, target debris, and white fill material that had been used to build skeet and trap fields. Utilizing a process set forth in Assembly Bill No. 2061 (AB 2061), the new owners applied for the San Diego County Department of Environmental Health (DEH) to be the administering agency for the remediation. DEH, in turn, requested review by the California Department of Toxic Substances Control (DTSC), which has oversight for response actions under the HSAA. The new owners obtained a certificate of completion pursuant to the AB 2061 process. The new owners sued the previous owners under the HSAA, which allows the recovery of costs from the person(s) liability for contamination.
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