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HomeHealth and Safety CodeDiv. 45Pt. 2Ch. 8Art. 10§ 79890 Liability Release Exceptions

§ 79890 Liability Release Exceptions

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

§ 79890 Liability Release Exceptions

Key Takeaways

  • •If you caused a hazardous mess before getting a 'you're off the hook' paper, you're still in trouble.
  • •If your company is connected to someone who caused the mess, you're still responsible.
  • •If you lied or hid info to get the 'you're off the hook' paper, it doesn't count.
  • •If you make a new mess after getting the paper, you're still in trouble for the new mess.

Example

A factory gets a paper saying they're not responsible for old pollution. Later, they spill new chemicals.

The factory is still in trouble for the new spill because the paper only covers old messes.

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

Official Source
View on CA.gov

§ 79890 Liability Release Exceptions

Notwithstanding any other provision of this article, a release from liability granted pursuant to Section 79880 shall not extend to any of the following: (a) (1) Any person who was a responsible party for a hazardous substance release existing at the site before the release from liability was granted. (2) Any entity that is an affiliate of a responsible party described in paragraph (1). (b) Any contractor who prepares the remedial action plan or performs the removal or remedial action provided for in the remedial action plan. (c) Any person who obtains a release pursuant to Section 79880 by fraud or negligent or intentional nondisclosure or misrepresentation. (d) Any liability for a release or threatened release of a hazardous substance first deposited at the site by a person released from liability pursuant to Section 79880 after the release from liability is granted. (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

liabilitypollutionmisrepresentationcontracthazardousfraudreleasecleanup

Related Statutes

  • § 79885 Liability Release Conditions
  • § 79895 Liability Release Conditions
  • § 25403.2 Local Hazardous Material Cleanup Liability
  • § 33459.3 Hazardous Substance Cleanup Liability
  • § 79650 Cost Recovery For Cleanup Actions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 79890.
View Official Source