Horn v. Department of Toxic Substances Control

In this appeal from a demurrer sustained without leave to amend on the ground of uncertainty, we reverse in part. We conclude that plaintiff Marilyn Van Horn has stated a cause of action, by alleging that the procedure used by defendant Department of Toxic Substances Control (the Department) — for placing a lien on real property for hazardous substance alleviation pursuant to California’s “Superfund” statute (Health & Saf. Code, §§ 25300 et seq., 25365.6) — violates due process. Plaintiff alleges this lien procedure fails to allow an affected landowner to dispute the amount of the lien, the extent of the property burdened by the lien, and the characterization of the landowner as a responsible party.

BACKGROUND

Overview of Hazardous Substance Lien Law Underlying This Litigation

We begin with an overview of the hazardous substance lien law underlying this litigation.

The Carpenter-Presley-Tanner Hazardous Substance Account Act (Health & Saf. Code, § 25300 et seq.; hereafter, the HSAA) is California’s Superfund statute, a counterpart to the federal Superfund statute, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. §9601 et…