Chapter 8.24 — HAZARDOUS MATERIALS

A.

No person, firm or corporation shall cause, suffer or permit the release, or threatened release, discharge or deposit of hazardous materials in a manner which violates any provision of this chapter or any local, federal or state statute, code, rule or regulation relating to hazardous materials, or in a manner which causes present or potential risk or danger to health, life or safety of persons or property, or the ecological balance of the environment.

B.

The city is authorized to remove or abate or cause the removal or abatement of the effects of any hazardous material release, or threatened release, discharge or deposit, when such action would be appropriate and consistent with achieving the general obligation for protecting public health, safety and welfare as an emergency matter to protect life, property or the environment.

(Ord. 556 § 2P, 2004; prior code § 6-10.01)

A.

Any person, firm or corporation who owned or had custody or control of the hazardous material or substance at the time of release, or threatened release, discharge or deposit shall be jointly and severally liable to the city for all costs incurred by the city in taking any corrective or remedial action, without regard to fault or proximate cause.

B.

Any person, firm or corporation who owned or had custody or control of the container which held the hazardous material at the time of the release, or threatened release, discharge, or deposit, shall be jointly and severally liable to the city for all costs incurred by the city in taking any corrective or remedial action, without regard to fault or proximate cause.

(Prior code § 6-10.02)

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meaning set forth below:

"Corrective action" includes, without limitation, any "remedial action" within the meaning of Section 25322 of the Health and Safety Code and any "removal" within the meaning of Section 25323 of the Health and Safety Code, as amended.

"Deposit" has all the meanings listed under release for the purpose of establishing liability for reimbursement of all city expenses necessitated by the unauthorized release of a hazardous material.

"Discharge" has all the meanings listed under release for the purpose of establishing liability for reimbursement of all city expenses necessitated by unauthorized release of a hazardous material.

"Hazardous materials" means:

Any material listed as a hazardous and/or extremely hazardous material or hazardous and/or extremely hazardous waste in Sections 66680 and 66685 of Title 22 of the California Administrative Code, as amended, whether such material is stored in waste or non-waste form; or

1.

A waste or substance that is hazardous according to the criteria set forth in Article 11 (commencing with Section 66693) of Chapter 30 of Division 4, Title 22 of the California Administrative Code, or any hazardous substance as defined in either Section 25281, Section 25316 or Section 25400 of the Health and Safety Code;

2.

Any material which is listed on the list of Environmental Protection Agency (EPA) pollutants, 40 Code of Federal Regulations, Section 401.15, as amended;

3.

Any material which is classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a Class II combustible liquid or a Class III combustible liquid;

Any material which is listed by the Director of the Department of Industrial Relations in Title 8, California Administrative Code, Section 339, as amended;

5.

A substance or product for which the manufacturer or producer is required to prepare a MSDS for the substance or product pursuant to the Hazardous Substance Information and Training Act (Chapter 2.5 - Commencing with Section 6360) or Part I of Division 5 of the Labor code) or pursuant to any applicable federal law or regulation;

6.

The substance or material is listed as a radioactive material in Appendix B of Chapter I of Title 10 of the Code of Federal Regulations, maintained and updated by the Nuclear Regulatory Commission;

7.

The substance or material is listed pursuant to Title 49 of the Code of Federal Regulations;

8.

The material is listed in Subdivision (b) of Section 6382 of the Labor Code; or

9.

Any material or substance that because of its quantity concentration, or physical or chemical characteristics, poses a present or potential hazard to human health and safety or to the environment if released into the community or the environment.

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or depositing into the environment, unless permitted or authorized by a regulatory agency.

"Threatened release" means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or the environment.

(Ord. 524 § 2(M), 2001; prior code § 6-10.03)

Any person, firm or corporation responsible for the hazardous material, as defined in Section 8.24.030, shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether sudden or gradual. The city shall undertake action to remedy the effects of such unauthorized release, only if the city manager or his or her authorized representative determines that it is reasonably necessary to do so as defined in Section 8.24.010. The responsible person, firm or corporation shall be liable to reimburse the city for all costs incurred by the city in remedying the effects of such unauthorized releases, or threatened release, including the costs of fighting fires to the maximum extent allowed by law. This responsibility is not conditioned upon evidence of wilfulness or negligence of the party responsible for the hazardous material(s) in causing or allowing such release. The city may take or contract for the taking of corrective action. If such corrective action is contracted for by the city, the person, firm or corporation responsible for the unauthorized release, or threatened release shall be liable to the city for all costs incurred for contracting such corrective action. If the corrective action is taken by the person, firm or corporation responsible for the release, as defined in Section 8.24.020(A) and (B), cost incurred by the city for supervising such corrective action and verifying that full and complete compliance with all laws, rules and regulations is made. The amount of all city costs required by this chapter shall be recoverable in a civil action by the city and shall be in addition to any other fees or penalties authorized by law.

(Prior code § 6-10.04)

The costs referred to in Section 8.24.020(A) and (B) shall include in addition to the city's direct out-of-pocket expenses, the cost of all city personnel, administrative costs, and equipment engaged in such actions, computed in accordance with the city's standard accounting procedures.

(Ord. 556 § 2Q, 2004: prior code § 6-10.05)