Carpinteria Municipal Code Ch. 8.54 Reporting Requirements for Hazardous Substances

A. Any person who is reliably informed of, or discovers, a release of a hazardous or extremely hazardous substance, material or waste within the city shall notify the county board of supervisors and county health officer within ten (10) working days after receiving that information or making that discovery, except that if the release poses an immediate hazard to the public health or the environment, the county health officer shall be notified within twenty-four (24) hours. No such report shall be required if there is good cause to believe that such release has already been reported to the county health officer. Such notification shall include, to the extent known, the location of the release, the material released, the date of such release, the persons responsible, and the name of the reporting party. Immediately after notifying the county health officer, such person shall also notify, for informational purposes only, the city manager.

B. For purposes of this section, "hazardous substance," "hazardous material," "hazardous waste," "extremely hazardous substance," "extremely hazardous material," and "extremely hazardous waste" shall have the meanings prescribed in California or federal law governing hazardous substances, hazardous materials, hazardous wastes, extremely hazardous substances, extremely hazardous materials and extremely hazardous wastes.

C. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless authorized or permitted by law.

(Ord. 403 § 1 (part), 1987: Ord. 390 § 1 (part), 1986)

A. Whenever there is reason to believe that there is a continuing practice by any person in violation of this chapter, the district attorney, county counsel or city attorney may make application to the superior court for an order enjoining such practice, as for an order directing compliance; and upon a showing that such person has engaged in or is about to engage in any such practice, a permanent or temporary injunction, restraining order, or other order may be granted.

B. Any person who wilfully violates the provisions of this chapter shall be liable for a civil penalty not to exceed twenty-five thousand dollars for each day that the violation continues to exist. Such civil penalty shall be assessed and recovered in a civil action commenced within one year from the date the failure to report is discovered.

(Ord. 403 § 1 (part), 1987: Ord. 390 § 1 (part), 1986)

It is the intention of this chapter to require reporting of releases of only those hazardous or extremely hazardous materials, substances or wastes defined as hazardous or extremely hazardous under state or federal laws.

(Ord. 403 § 1 (part), 1987: Ord. 390 § 1 (part), 1986)

If any provision of this chapter is held to be unenforceable or invalid, the remaining provisions shall, nevertheless, continue to be fully valid and enforceable except to the extent that they may be rendered impossible by the holding.

(Ord. 403 § 1 (part), 1987: Ord. 390 § 1 (part), 1986)