Laguna Woods Municipal Code Ch. 4.12 Discharge of Hazardous Material

(a) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(05) Discharge or hazardous materials discharge means any accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous material into or on any land or water, or into the air. A discharge or hazardous materials discharge does not include emissions of hazardous materials that comply with valid permits or regulations of the Santa Ana or San Diego Water Quality Control Board, the South Coast Air Quality Management District, or an agency of the State of California or the United States.

(10) Threatened discharge means the creation of a condition or taking of an action that is intended to or will foreseeably create a substantial probability that a discharge will occur.

(15) Hazardous material means a substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either:

a. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

b. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of or otherwise managed.

Unless expressly provided otherwise, the term "hazardous material" shall be understood to also include "extremely hazardous waste" as that term is defined in California Health and Safety Code § 25115. All questions about whether a particular material is a "hazardous material" shall be resolved by referring to the regulations of the Department of Health Services contained in Division 22 of the California Code of Regulations, or by referring to any other interpretations issued by the California Department of Health Services.

(20) facility means any land and appurtenances thereto from which a hazardous materials discharge has occurred. The term "facility" includes, but is not limited to any plant, business, installation, equipment, pipe or pipeline, well, pit pond, lagoon, impoundment, ditch, landfill, storage container, or any site or area from which a hazardous materials discharge has occurred. The term "facility" does not include the following land or appurtenances required for the preservation of the public health, safety, and welfare: telephone transmission systems, electrical transmission systems, and natural gas transmission systems.

(25) Owner and property owner shall be deemed to include any person owning, leasing occupying, or having charge or possession of any property in the City.

(b) Discharge of hazardous material declared a nuisance. When a discharge or threatened discharge of any hazardous material has occurred from a facility located within the City of Laguna Woods, the facility is declared to be a public nuisance, and may be abated by the procedures set forth in this section.

(c) Notification of discharge of hazardous materials required.

(1) In the event of a discharge, the discharger shall immediately notify the City and other appropriate agencies of the incident by telephone or in person. The notification shall include the location of the discharge, type of material discharge concentration and volume of the discharge, and corrective actions taken.

(2) Within ten days after the discharge, the discharger shall submit to the City a detailed written report describing the cause of the discharge, correction action taken and measures to be taken to prevent future occurrences. Such notification shall not relieve the discharger of liability or fines incurred as a result of the discharge.

(d) Confidential information; public access. Information and data concerning discharges obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics will not be recognized as confidential information.

(e) Immediate corrective action at facility authorized.

(1) Whenever the Director, or such other City Official as may be designated by the Director, reasonably determines that it is necessary to protect public health and safety, he may order immediate corrective action for all or part of a facility from which a hazardous materials discharge has occurred.

(2) Corrective action shall mean the cessation, suspension, or other full or partial restriction of facility operations in such a manner as determined by the City to be necessary to protect public health and safety. The City shall have the discretion to specify the terms and conditions of the corrective action to fit the particular conditions at the facility, and to subsequently modify the terms and conditions of the corrective action as the City Official in his discretion deems appropriate.

(3) The corrective action order shall remain in effect until modified or terminated by the City or until modified or terminated through the appeals procedure outlined herein.

(f) Notification of nuisance and corrective action order.

(1) When the Director determines that corrective action is necessary, he shall serve written notice on the owner of the facility. Such notice shall specify the conditions giving rise to the public nuisance designation, the section of the Laguna Woods Municipal Code giving rise to such designation, the terms and conditions of the corrective action order, and the procedure for appealing the order.

(2) A copy of the notice shall be served personally or mailed by certified mail to the facility owner as such owner's name appears on the last available equalized tax roll. A copy of the notice shall also be served on any lessee, occupier, or other person in charge or control of the property.

(3) Service shall be deemed complete at the time said notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

(g) Appeals procedure.

(1) Any person entitled to notice under this section may appeal from the decision of the Director in the same manner as described in Section 1.08.080.

(2) The corrective action order shall remain in full force and effect until such time as the order may be vacated or modified by the City Council.

(3) Upon the conclusion of the hearing on such appeal, the City Council, based on the evidence introduced at said hearing, shall confirm the order if it finds that it is necessary to protect the public health andsafety. Based on the evidence introduced at said hearing, the City Council may also modify or vacate the order.

(4) The Board of Appeals shall prepare a report of its findings from the hearing. A copy of such report shall be served on all known owners of the subject facility within five days of the hearing.

(5) A copy of the report shall be served personally or mailed by certified mail to the facility owner as such owner's name appears on the last available equalized tax roll. Service shall be deemed complete at the time said report is personally served or deposited in the mail. Failure of any person to receive such report shall not affect the validity of any proceedings hereunder.

(6) Upon conclusion of the hearing on such appeal, the City Council shall by resolution either:

a. Vacate the corrective action order

b. Confirm the action and decision of the Board of Appeals: or

c. Modify such decision based upon evidence adduced at said hearing.

(h) Violations. The owner or other person having charge or control of any facility who violates any order made pursuant to this section is guilty of a misdemeanor. Each day of violation shall constitute a separate misdemeanor.

(i) Procedure where immediate corrective action is not necessary. When a discharge (or threatened discharge) of a hazardous material has occurred from a facility and the City determines that immediate corrective action is not necessary, the Director may elect to proceed with the nuisance abatement procedure as set forth in Sections 1.08.030 through 1.08.140. If at any time the Director determines, in his/her discretion, that the facility from which a discharge has occurred does not present a reasonable future danger to public health and safety, he may declare that the property is not a public nuisance.

(j) Alternative actions available. The procedures for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.

(k) Disclaimer of liability. The provisions of this chapter do not create liability on the part of the City, or on the part of any City officer who acts, or fails to act under any of the provisions of this chapter.

(l) Duties are discretionary. Subject to the limitations of due process, it is the intent of the City that this chapter shall establish a discretionary responsibility or duty requiring the exercise of judgment and discretion on the part of any City officer who acts or fails to act under any of the previsions of this chapter.

(Ord. No. 03-03, § 5(18.40.500), 4-16-2003)