California Water Code 13398.9 – (a) This chapter has no effect on the tort liability of a …
(a) This chapter has no effect on the tort liability of a remediating agency for personal injury or wrongful death.
(b) This chapter has no effect on the liability of a remediating agency based upon activities other than those undertaken in connection with the implementation of an approved remediation plan.
Terms Used In California Water Code 13398.9
- County: includes city and county. See California Water Code 14
- State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(c) This chapter has no effect on the liability of a remediating agency if that agency, following implementation of an approved remediation plan, benefits from, or participates in, any mining operation, including exploration, associated with the abandoned mined lands subject to the approved remediation plan.
(d) For the purposes of this chapter, the remediation plan for the Penn Mine property located in Calaveras County shall, if a memorandum of understanding is entered into by the state and other appropriate parties, include the terms and conditions set forth in that memorandum of understanding.
(Added by Stats. 1995, Ch. 878, Sec. 1. Effective January 1, 1996.)