Colusa Municipal Code Art. VI Hazardous Substances; Recovery of Costs

(1) "Hazardous substances" for purposes of this article shall be defined as any material that is identified in:

(a) The Code of Federal Regulations, title 49, section 171.8.

(b) California Health and Safety Code section 25316.

(c) California Administrative Code, title 8, subchapter 7, group 16, List of Legal Carcinogens.

(d) Code of Federal Regulations, title 40, sections 261.31-261.33.

(e) The list of hazardous substances prepared by the director of the department of industrial relations pursuant to section 6382 of the Labor Code, as set forth in section 339 of title 8 of the California Administrative Code, including, but not limited to, carcinogens, toxic or hazardous water pollutants, hazardous air pollutants, airborne chemical contaminants, restricted pesticides or toxic materials.

(f) The list of hazardous or extremely hazardous wastes prepared by the director of the department of health services pursuant to section 25140 of Health and Safety Code, as set forth in section 66690 of title 22 of the California Administrative Code, including, but not limited to, wastes which could cause death, contribute to an increase in incapacitating or irreversible illness or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed or otherwise managed.

(g) Or any substance which is known by the business handling it to be likely to pose a significant present or potential hazard to public health, safety or the environment.

(h) A material may be added to the list of hazardous substances as defined herein, upon a finding by the fire chief of the city that the material, because of its quantity, concentration or physical or chemical characteristics, poses a significant present threat or potential hazard to human life, property or the environment if released into the community.

(2) "Emergency response" shall be defined as a response by a city department or agency to prevent, abate, mitigate, or confine a spill or release of a hazardous substance within the city limits, in order to protect human life, property or the environment from a significant present threat or potential hazard.

(3) A "release" or "spill" shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, burning, dumping or disposing into the environment and/or community.

(Ord. No. 377, § 1.)

(1) The expense of an emergency response to any spill or release of a hazardous substance which poses a significant present threat or potential hazard to human life, property or the environment, shall be a charge against the person or entity whose conduct, or that of its employees, agents or contractors, caused or permitted the incident resulting in the emergency response.

(2) The fire chief of the city or his designee shall determine the verifiable costs of the city for emergency response to hazardous substance spills or releases with city limits and shall use such costs to develop a cost recovery schedule of applicable charges necessary to recover city costs for such emergency responses. The schedule shall be the basis for the fire chief's recommendation to the city council.

(3) The charge for an emergency response shall be imposed in accordance with a schedule of fees, pursuant to the recommendation of the fire chief of the city, adopted by resolution of the city council as it may from time to time be amended. Implementation of such an assessment procedure shall not be the exclusive remedy of the city for recovery of such cost.

(4) The costs imposed pursuant to the schedule of fees shall be reasonably commensurate to the verifiable costs involved in emergency response to and/or prevention, abatement, mitigation or confinement of spills or releases of hazardous substances with city limits.

(5) The fire chief of the city is designated as the person responsible for administering and enforcing this article.

(6) The director of finance shall be responsible for billing and collection of all costs and charges authorized pursuant to this article.

(Ord. No. 377, § 1.)

(1) All persons subject to cost recovery pursuant to this article shall have the right to appeal to the director of finance within fifteen days of the date of receipt of the billing. The director of finance will review the bill for accuracy and, if the bill is found to be in error, there will be a correction or appropriate rescission.

(a) All persons aggrieved by the determination of the director of finance may appeal to the city council by filing a written notice with the city clerk, within ten days after notice of the director of finance's decision.

(b) As soon as possible, but no later than thirty days after the filing of such notice, the city council shall fix a time and place for public hearing on the appeal, which hearing shall be held within thirty days after the date thereof has been so fixed.

(c) Written notice of the time and place of such hearing shall be given to the aggrieved person by the city clerk either (1) by personally delivering to such person written notice thereof, or (2) by mailing such notice, by depositing the same in the United States Post Office in a sealed enveloped, postage prepaid, addressed to the person at his or her last know address.

(d) The subject of the hearing before the city council shall be limited solely to the accuracy of the billing; the decision of the council shall be final and conclusive.

(2) The final bill shall then be transmitted to the director of finance for final processing, billing and collection.

(Ord. No. 377, § 1.)

The city council may by resolution from time to time establish additional policies, rules, regulations and procedures necessary to implement or further the intent of this article.

(Ord. No. 377, § 1.)

All costs incurred by city pursuant to this article shall be considered a civil debt of the responsible party and shall be collectible by the city in the same manner as a contract obligation. The director of finance is authorized and directed to collect all such costs by any and all legal means from the responsible party or parties.

(Ord. No. 377, § 1.)