Carpinteria Municipal Code Ch. 8.55 Liability for Violation of State Laws Regulating Hazardous Materials,…

The purpose of this chapter is to establish liability for reimbursement of this city's expenses incurred in connection with corrective action the city may elect to take to abate any release prohibited by state law of hazardous or extremely hazardous materials, substances or waste. The authority for this chapter includes the city's general police power, Sections 101325 and 25500 of the Health and Safety Code, and the provisions of Chapter 6.5 (commencing with Section 25100) and Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code.

(Ord. 403 § 2 (part), 1987)

The following definitions shall govern the construction of this chapter:

A. "Corrective action" means and 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.

B. "Hazardous substance," "hazardous material," "hazardous waste," "extremely hazardous substance," "extremely hazardous material," and "extremely hazardous waste" shall have the same meaning as used in Section 8.54.010(B) of the Carpinteria Municipal Code.

C. "Release" shall have the same meaning as used in Section 8.54.010(C) of the Carpinteria Municipal Code.

(Ord. 403 § 2 (part), 1987)

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 release of any hazardous or extremely hazardous material, substance or waste, or if the city is held liable for corrective action by virtue of the city's ownership, leasehold or operator interest in property subject to an unauthorized release, the following described persons shall be jointly and severally liable to the city for its liability or the cost incurred by it in taking any such corrective action:

A. The person or persons whose negligent or wilful act or omission proximately caused such release;

B. The person or persons who owned or had custody or control of the hazardous or extremely hazardous material, substance or waste at the time of such release, without regard to fault or proximate cause;

C. The person or persons who owned or had custody or control of the container which held such hazardous or extremely hazardous material, substance or waste at the time or immediately prior to such release, without regard to fault or proximate cause.

(Ord. 403 § 2 (part), 1987)

If the city manager issues a lawful order directing any person who has violated or is in violation of any provision of the state laws or city ordinances regulating hazardous or extremely hazardous materials, substances or wastes, 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.

(Ord. 403 § 2 (part), 1987)

The costs referred to in Sections 8.55.030 and 8.55.040 of this chapter shall include the city's direct out-of-pocket expenses, including, but not limited to, 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 including worker's compensation benefits, fringe benefits, administrative overhead, cost of equipment operation, cost of materials obtained by the city, and cost of any contract labor or materials. The amount of such costs for which liability is imposed pursuant to 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, provided that any sums actually received by the city in connection with such work pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code shall be credited against any amount recoverable in such civil action.

(Ord. 403 § 2 (part), 1987)

It is the intention of this chapter to impose liability on responsible parties for the release of only those hazardous or extremely hazardous materials, substances or wastes described as hazardous or extremely hazardous under state or federal law.

(Ord. 403 § 2 (part), 1987)

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 § 2 (part), 1987)