Fullerton Municipal Code Ch. 5.25 Hazardous Materials Cleanup

(A) The Fire Chief is authorized to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into any property or facilities within the city. The following described persons shall be jointly and severally liable to the city for the payment of all costs incurred by the city as a result of such cleanup or abatement activity:

(1) The person or persons whose negligent or willful act or omission proximately caused such release, discharge or deposit;

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

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

(B) In the event that any person undertakes, either voluntarily or upon order of the Fire Chief or other city official, to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into any property or facilities within the city, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in division (A) above shall be liable to the city for all costs incurred as a result of such supervision or verification.

(C) For the purpose of this section, HAZARDOUS MATERIAL shall mean any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.

(D) For the purpose of this section, costs incurred by the city shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including benefits and administrative overhead; cost of equipment operation; cost of any contract labor and materials.

(E) The remedies provided by this section shall be in addition to any other remedies provided by law.

(F) 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.

(Ord. 2613, passed - -1987)

Requests for appeal must be made in writing to the Fire Chief within 15 days of receiving the notice of responsibility. The written appeal must provide the reason for the appeal and describe the specific relief that the petitioner is seeking. The Fire Chief shall review the request and prepare and forward written findings and recommendations to the City Manager within 15 days. The City Manager or his or her designee shall act as the Hearing Officer. Upon receipt of the Fire Chief’s findings and recommendations, the City Manager shall, within 15 days, notify the petitioner, in writing, of the date, time and location of the appeal hearing. Such hearing shall be held within 30 days of such notification. The decision of the Hearing Officer shall be given in writing to the applicant within 15 days of the hearing and shall be final. Nothing in this code provision shall allow for an appeal process to change or modify federal, state or regional statutes or requirements.

(Ord. 2792, passed - -1991)