Coachella Municipal Code Ch. 8.52 Hazardous Materials

A. The fire department is authorized to clean-up or abate the effects of any hazardous material deposited upon or into property or facilities of the city; and any person or persons who intentionally or negligently caused such deposit shall be liable for the payment of all costs incurred by the fire department as a result of such clean-up or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law.

B. For purposes of this section "hazardous materials" shall be defined as any substances or materials in a quantity or form which, in the determination of the fire chief or his or her authorized representative, poses an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiological (biologic) agents, flammables and corrosives.

C. For purposes of this section, costs incurred by the fire department shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including workers' compensation benefits, fringe benefits, administrative overhead; cost of equipment operation, cost of materials obtained directly by the city; and cost of any contract labor and materials.

D. The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the fire department.

(Prior code § 10-64)