Environmental Remediation Attorney — Glendale & Los Angeles
Environmental remediation law decides who must investigate and clean up contaminated soil or groundwater, and who ultimately pays, under the federal CERCLA statute and the California Water Code. DiJulio Law Group represents owners, buyers, landlords, and former operators in Glendale and Los Angeles through agency cleanup orders, cost recovery, and contribution claims.
Who pays for an environmental cleanup in California?
Under CERCLA section 107(a), liability for response costs can reach the current owner or operator, anyone who owned or operated the site when hazardous substances were disposed of, parties who arranged for disposal, and certain transporters. Courts have generally treated that liability as strict. A party that pays more than its share may seek contribution from the others under section 113(f), where the court may allocate costs using equitable factors.
Cleanup Liability, Cost Recovery, and the Regulatory Process
A remediation matter usually starts with a finding: a Phase II sampling result during a sale, a leaking tank discovered during construction, or a letter from a regulator asking for a site investigation. From that point, two processes run at once. A lead agency oversees investigation and cleanup, and the parties connected to the property sort out who bears the cost. This page covers both; for the broader overview see remediation and natural resource damages, and for trustee claims for injury to public resources see natural resource damages.
In Los Angeles County the lead agency is typically the Los Angeles Regional Water Quality Control Board (opens in a new tab) where groundwater is threatened, or the Department of Toxic Substances Control for many hazardous substance sites, with U.S. EPA involved at federal Superfund sites. The Regional Board may issue a cleanup and abatement order under Water Code section 13304 to a person who discharged waste, or caused or permitted it to be discharged, where it creates or threatens a condition of pollution or nuisance. California's state Superfund law, the Hazardous Substance Account Act, is now codified at Health and Safety Code section 78000 et seq., and under section 79650 the costs DTSC or a Regional Board incurs in carrying out or overseeing a response may be recovered from the liable person.
On the private side, CERCLA lets a party that incurs necessary response costs consistent with the National Contingency Plan recover them from other responsible parties, and lets a party that has been sued or has settled with the government seek contribution. Which route is available, and the deadline for it, depends on how the costs were incurred. That choice is often made early and is hard to undo.
Petroleum is generally excluded from CERCLA's definition of hazardous substance, so fuel releases from underground tanks are usually handled under state programs instead. Knowing which regime governs a release is the first step in estimating exposure, and it often shapes negotiations in commercial real estate transactions.
How does a buyer limit contamination liability before closing?
Mainly by qualifying as a bona fide prospective purchaser under CERCLA and by negotiating the purchase agreement. The federal protection requires, among other things, that all disposal occurred before acquisition and that the buyer made all appropriate inquiries into prior ownership and uses. EPA's rule at 40 C.F.R. Part 312 sets how and when those inquiries must happen.
Under 40 C.F.R. section 312.20 (opens in a new tab), all appropriate inquiries must be conducted within one year before the acquisition date. Several components, including interviews with past and present owners and occupants, cleanup lien searches, government records reviews, visual inspections of the site and adjoining properties, and the environmental professional's declaration, must be conducted or updated within 180 days before acquisition. A Phase I report that has gone stale by closing may not support the defense.
The protection also carries continuing duties. Under CERCLA section 101(40), a purchaser must give legally required notices, take reasonable steps to stop continuing releases and limit exposure, cooperate with and provide access for response work, comply with land use restrictions, and not be affiliated with a liable party. Indemnities, escrow holdbacks, and access rights are negotiated alongside those duties in commercial real estate transactions and legal due diligence.
Can a tenant be held liable for contamination at a leased property?
Yes, in many cases. A tenant that ran the operations that released hazardous substances may be treated as an operator under CERCLA section 107(a), and a Regional Board may order a person who caused or permitted a discharge to clean it up under Water Code section 13304. The landlord, as current owner, may be named as well.
The lease matters, but mostly between the parties. Under CERCLA section 107(e) (opens in a new tab), an indemnification or hold harmless agreement cannot transfer CERCLA liability away from a liable owner or operator, although the same provision allows agreements to insure, hold harmless, or indemnify a party to the agreement. An agency may therefore look to the owner, the tenant, or both, while the lease's environmental clauses generally decide who reimburses whom.
Landlords can reduce exposure with use restrictions, hazardous materials clauses, inspection and access rights, and move-out investigation obligations in the commercial lease. Tenants taking space previously used for industrial work may want a baseline assessment before moving in. When contamination surfaces at lease end, see remediation and cost recovery.
330 North Brand Boulevard, Suite 1280
Glendale, California 91203
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Enforcement defense, permitting and compliance, hazardous waste, and cleanup cost recovery in California.
Remediation Matters We Handle
For owners, purchasers, lenders, landlords, tenants, and former operators of contaminated property across Los Angeles and Glendale.
Cleanup and Abatement Orders
Responding to Regional Board orders under Water Code section 13304 and investigative orders, including who is named, the scope of work, and the schedule. Related enforcement issues are covered under environmental enforcement and compliance.
DTSC Oversight Agreements
Negotiating the terms of state-supervised investigation and cleanup, including work plans, cleanup goals, oversight costs, and the path to a no-further-action determination.
CERCLA Cost Recovery
Section 107(a) claims to recover response costs from other responsible parties, including building the record needed to show the work was consistent with the National Contingency Plan.
Contribution and Allocation
Section 113(f) contribution claims and defenses, equitable allocation among current and former owners and operators, and mediated allocation of multi-party sites.
Transaction Risk
Environmental indemnities, escrows, access agreements, and the pre-closing inquiry needed to preserve purchaser defenses, coordinated with legal due diligence and business counsel.
Closure and Land Use Covenants
Negotiating closure terms and recorded land use covenants that restrict future use so a site can be redeveloped without a full cleanup to unrestricted standards.
Remediation Matters That Reach Our Office
Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The Dry Cleaner Tenant
A Glendale retail center owner learns that solvent from a former dry cleaner tenant has reached groundwater. The owner faces a Regional Board order as the current owner, and the lease, the tenant's insurers, and the tenant's successors become the focus of cost recovery.
The Contamination Found in Escrow
A buyer's Phase II finds metals and solvents beneath a Los Angeles industrial building. Whether to close, and on what terms, turns on the indemnity, a price holdback, and whether the buyer can still qualify for purchaser protections.
The Former Operator Demand
A company that sold a facility years ago receives a contribution demand from the current owner. The defense turns on what was actually released during its period of operation and whether the claim was brought on time.
When a Cleanup Matter Needs Counsel
- A Regional Board or DTSC letter has requested investigation or a work plan.
- You have received a cleanup and abatement order or a demand from another party.
- A Phase I or Phase II report has identified a recognized environmental condition.
- You are paying for cleanup that others caused or contributed to.
- A tenant's operations may have released solvents, fuels, or metals.
- You want closure so a property can be sold, financed, or redeveloped.
What to Do First
Calendar the agency deadlines
Orders and work plan requests carry their own schedules that do not pause for private disputes. Missing one can add enforcement exposure to the cleanup itself.
Build the site history
Ownership, leases, operations, and waste handling by period are the foundation of any cost recovery or contribution claim. Collect title records, leases, permits, and prior reports now.
Document every cost
Recoverable costs must be proven and tied to the response. Keep invoices, scopes of work, and agency approvals organized from the first day, and talk with counsel before signing any agreement with the agency.
Environmental Remediation — Questions California Clients Ask
What owners, buyers, tenants, and former operators ask about contaminated property and cleanup costs in California.
What is a potentially responsible party under CERCLA?
A potentially responsible party is anyone in one of the four liability classes in CERCLA section 107(a): the current owner or operator of the facility, an owner or operator at the time hazardous substances were disposed of, a person who arranged for disposal or treatment, and a transporter who selected the disposal site. Being a potentially responsible party does not fix a share of cost; allocation among parties is decided separately.
Can I be liable for contamination I did not cause?
Yes, in many cases. CERCLA liability attaches to the current owner of contaminated property even if the contamination came from a prior owner or a tenant, and courts have generally treated that liability as strict. Narrow statutory defenses exist, including the bona fide prospective purchaser and innocent landowner protections, but they generally require appropriate inquiry before acquisition and continuing cooperation with the cleanup afterward.
What is the difference between cost recovery and contribution?
Cost recovery under CERCLA section 107(a) lets a party that incurred necessary response costs, consistent with the National Contingency Plan, recover them from responsible parties. Contribution under section 113(f) is available to a party that has been sued under sections 106 or 107, or that has resolved its liability to the United States or a State in an approved settlement. The two claims have different deadlines, so the correct route matters.
How long do I have to file a CERCLA cost recovery or contribution claim?
Under 42 U.S.C. section 9613(g), an initial cost recovery action generally must be filed within three years after a removal action is completed, or within six years after physical on-site construction of a remedial action begins. A contribution action generally must be filed within three years after the relevant judgment or approved settlement. Which clock applies depends on the facts, so it should be analyzed early.
What is a cleanup and abatement order?
A cleanup and abatement order is issued by a California Regional Water Quality Control Board under Water Code section 13304. It may be directed to a person who has discharged waste, or caused or permitted waste to be discharged, where it creates or threatens a condition of pollution or nuisance in waters of the state. The order typically requires investigation, cleanup, and reporting on a set schedule.
Does CERCLA cover gasoline and fuel leaks?
Generally not. CERCLA's definition of hazardous substance excludes petroleum, including crude oil and its fractions, unless a component is separately listed. Releases from gasoline and diesel tanks are usually handled under California's underground storage tank and Water Board programs instead. A site with both fuel and solvent contamination may involve both regimes at once.
Can a property be redeveloped before it is fully cleaned up?
Often, yes. California agencies may approve closure with a recorded land use covenant under Civil Code section 1471 that restricts uses such as residential occupancy or groundwater extraction, allowing a site to be redeveloped for compatible uses. The covenant runs with the land and binds later owners, so its terms should be negotiated with the future use of the property in mind.
How does remediation differ from natural resource damages?
Remediation addresses response costs: investigating and cleaning up contamination under agency oversight, and allocating those costs among responsible parties. Natural resource damages are a separate claim that only designated government trustees may bring for injury to public resources such as groundwater, fish, and wildlife. The same release can give rise to both, and a cleanup settlement does not automatically resolve the trustees' claim.
Local Representation
Cleanup sites in Glendale and across Los Angeles are overseen by the Los Angeles Regional Water Quality Control Board, DTSC, and, at federal Superfund sites, U.S. EPA. See the firm's environmental law practice for related matters.
Talk to an Environmental Attorney
Early decisions about who responds to the agency, and how costs are documented, shape every later recovery claim. Bring the order and the site history, and see hazardous waste compliance if ongoing operations are also involved.