Azusa Municipal Code Art. IV Hazardous Waste or Substance Spills, Releases and Other Incidents

The city council does find, determine and declare that:

(1) The city responds to complaints of hazardous waste or substance spills, releases and other incidents.

(2) Such spills, releases and other incidents are a possibility within the city limits owing to activities in the city relating to or using hazardous materials or waste products.

(3) Such responses require the use of extra manpower, specialized equipment and other additional costs.

(4) Health and Safety Code § 510 expressly allows a city to adopt an ordinance allowing the city to recover costs of any such response from private persons associated with activities resulting in hazardous waste or substance spills, releases or other incidents.

(5) California Civil Code §§ 3479 and 3494 provide that such spills, releases and other incidents which obstruct the free passage or use of any public street or highway create a public nuisance which may be abated by the city.

(6) Government Code § 38771 et seq. provides that a city council may declare by ordinance what constitutes a public nuisance and provide for the summary abatement of such nuisance at the expense of the persons creating, causing, committing or maintaining it and by ordinance may make the expense of abatement a lien against property upon which it is maintained, as well as a personal obligation against the property owner.

(Code 1971, § 12.60.010)

The purpose of this article is to establish liability for reimbursement of the city's expenses incurred in connection with corrective action necessitated by violations of the hazardous waste and substance control laws. The authority for this article includes the general police power, Government Code § 38771 et seq., Civil Code §§ 3479 and 3494; Health and Safety Code § 510, Health and Safety Code § 25100 et seq. and other applicable law.

(Code 1971, § 12.60.020)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City means, in addition to the city, any special district governed by the city council.

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

Disposal means the same as that term is defined by Health and Safety Code § 25113.

Hazardous waste or substance means a waste or substance that consists of a material listed in either the list of chemical names or the list of common names appearing in section 66680 of title 22 of the state Administrative Code or a waste or substance as defined in either Health and Safety Code § 25281, 25316 or 25400.

Hazardous waste and substance control laws means those laws commencing at Health and Safety Code § 25100 et seq. or 25280 et seq. or any permit, rule, regulation, standard or requirement issued or promulgated pursuant to such sections.

Person means the same as that term is defined by Health and Safety Code § 25118.

Release means the same as that term is defined by Health and Safety Code §§ 25320 and 25321.

Unauthorized disposal or release means any disposal of a hazardous waste or substance which is in violation of Health and Safety Code § 25100 et seq., any unauthorized release within the meaning of Health and Safety Code § 25281 or any release of a hazardous waste or substance which is not a release authorized or permitted pursuant to state law within the meaning of Health and Safety Code § 25326.

(Code 1971, § 12.60.030)

Cross reference— Definitions and rules of construction generally, § 1-2.

If the city takes any corrective action which, in the judgment of the city manager, is reasonably necessary to remedy or prevent an imminent substantial danger to the public health, domestic livestock, wildlife or the environment arising out of any unauthorized disposal or release of any hazardous waste or substance, the following persons shall be jointly and severally liable to the city for the cost incurred by it in taking any such corrective action:

(1) The person whose negligent or willful act or omission proximately caused such disposal or release;

(2) The person who owned or had custody or control of the hazardous waste or substance at the time of such disposal or release, without regard to fault or proximate cause; and

(3) The person who owned or had custody or control of the container which held such hazardous waste or substance at the time of or immediately prior to such disposal or release, without regard to fault or proximate cause.

(Code 1971, § 12.60.040; Ord. No. 98-09, § 2, 6-15-98)

If the city manager issues a lawful order directing any person who has violated or is in violation of any provisions of the hazardous waste or substance control laws to take corrective action respecting such violation and if such person does not take such corrective action on or before the date specified in the order, the city may take or contract for the taking of such corrective action. If such corrective action is taken by or contracted for by the city, the person to whom the order was directed shall be liable to the city for the cost incurred by it in taking or contracting for such corrective action. If such corrective action is taken by the person to whom the order is directed or by such person's agent, the person to whom the order is directed shall be liable to the city for the city's cost of supervising such corrective action or otherwise verifying compliance with the order.

(Code 1971, § 12.60.050; Ord. No. 98-09, § 2, 6-15-98)

The costs referred to in section 34-165 shall include, in addition to the city's direct out-of-pocket expenses, the cost of all city personnel engaged in such work computed in accordance with the city's standard accounting procedures for computing the hourly cost of services by such personnel and any other costs or fees set by resolution.

(Code 1971, § 12.60.060)

All costs as computed by section 34-166 shall constitute a lien against the real property and special assessment against the real property owned by a person liable under this article if the property is the subject of the enforcement. Moreover, all such costs shall also be a personal obligation against the property owner, recoverable in a civil action as provided by section 34-168.

(Code 1971, § 12.60.070)

Where real property is not the subject of the enforcement under this article, the amount of such costs for which liability is imposed pursuant to this article shall be recoverable in a civil action by the city and shall be in addition to any other fees or penalties authorized by law, provided that any sums actually received by the city in connection with such work pursuant to Health and Safety Code § 25300 et seq. shall be credited against any amount recoverable in such civil action. If the city is the prevailing party in any such action, the city shall be entitled to receive its attorney fees and litigation costs incurred in prosecution of the action.

(Code 1971, § 12.60.080)

The procedures to be used concerning the levy, collection and enforcement of a special assessment for the recovery of costs as provided by section 34-167 shall be the same as the procedures used for abatement of real property nuisances described in article XIV of chapter 14 of this Code.

(Code 1971, § 12.60.090)