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3550 An administrative agency's determination that ground contamination had been remediated coupled with the same agency's subsequent reopening of the matter upon discovery of contaminants with which the agency was not concerned at the time of the initial determination were sufficient to raise questions of fact concerning whether the condition was permanent or continuing and whether the statute of limitations began running when the initial determination was made or has not yet begun running; a private action under the Safe Drinking Water and Toxic Enforcement Act is subject to the one year statute of limitations on actions for statutory penalties.CitationSHAMSIAN v ARCO (Contaminated Ground) 107 CA4 967 [See: H&SC 25249.5; CCP 338, 340; Jensen v BMW 35 CA4 112, T/AT 7/95; Wilshire v ARCO 20 CA4 732, T/AT 2/94]
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