Health & Saf. Code, § 78870 · Article 2. Rules for Specified Circumstances
Health & Saf. Code, § 78870
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Whenever the director determines that there may be an imminent or substantial endangerment to the public health or welfare or to the environment, because of a release or a threatened release of a hazardous substance, the director may do any or all of the following:
(a) Order any responsible party to take or pay for appropriate removal or remedial action necessary to protect the public health and safety and the environment. No order under this section shall be made to an owner of real property solely on the basis of that ownership as specified in Sections 101(35) and 107(b) of the federal act (42 U.S.C. Secs. 9601(35) and 9607(b)). The director shall give the responsible party an opportunity to assert all defenses to the order.
(b) Take or contract for any necessary removal or remedial action.
(c) Request the Attorney General to secure relief as may be necessary from the responsible party to abate the danger or threat. The superior court of the county in which the threat or danger occurs shall have jurisdiction to grant the relief the public interest and equities of the case may require to protect public health and welfare and the environment. Upon a showing by the department that a release or threatened release of a hazardous substance has occurred or is occurring, and that there may be an imminent or substantial endangerment to the public health and safety or to the environment, the court may grant a temporary restraining order or a preliminary or permanent injunction pursuant to subdivision (a) of Section 78660.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=78870.
- Text hash
- sha256 b7eff55391b1a93b4cb9683e4bb03a3cbce90895dd6703620598cc2349451a8d
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
Cited by 19 provisions
Provisions in this library whose text cites Health & Saf. Code, § 78870. Each shows the citation as that text prints it.
Code of Civil Procedure
Health and Safety Code
- Health & Saf. Code, § 25246.1Printed as Section 78870, 79005, 79055, 79060, or 79065
- Health & Saf. Code, § 25262Printed as Section 78870, 79055, 79060, or 79065
- Health & Saf. Code, § 25299.50.6Printed as Section 25187, 25187.1, 25296.10, 78870, 79055, or 101480
- Health & Saf. Code, § 25403.1Printed as Section 25187, 78870, or 79055 | Section 78660, 78870, 79020, or 79055
- Health & Saf. Code, § 78615Printed as Section 78870 or 78875
- Health & Saf. Code, § 78660Printed as Section 78870
- Health & Saf. Code, § 78665Printed as Section 78870
- Health & Saf. Code, § 78880Printed as Section 78870 or 78875
- Health & Saf. Code, § 78885Printed as Section 78870 or 78875
- Health & Saf. Code, § 79020Printed as Section 78870 or 79055
- Health & Saf. Code, § 79030Printed as Section 78870 or 79055
- Health & Saf. Code, § 79060Printed as Section 78870
- Health & Saf. Code, § 79135Printed as Section 78870
- Health & Saf. Code, § 79550Printed as Section 78660, 78870, or 79055
- Health & Saf. Code, § 79570Printed as Section 78870
- Health & Saf. Code, § 79885Printed as Section 25187, 78870, or 79055
- Health & Saf. Code, § 80040Printed as Section 78870 or 79055
- Health & Saf. Code, § 101483Printed as Section 78870 or 79055
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.