Article IVB — HAZARDOUS SUBSTANCE SPILLS

28B.80 Definitions.

(a)

"Hazardous substance" means any substance described in Section 25281 (d) or Section 25501 of the Health and Safety Code.

(b)

"Release of hazardous substance" means the failure to confine any quantity of a hazardous substance so as to allow it to be introduced into the atmosphere, water or ground in sufficient quantity to cause imminent or potential substantial danger to the public health or welfare.

(Ord. No. 1898, § 1, 11-7-89)

28B.81 Duty of Person Releasing Hazardous Substance. Any person or entity in possession of a hazardous substance, either as owner, agent, bailee, carrier or otherwise, shall take all action necessary to remedy the effects of the release of a hazardous substance, including notifying the Department of Public Health.

(Ord. No. 1898, § 1, 11-7-89)

28B.82 County Response to Release of Hazardous Substance. The Department of Public Health, Sheriff's Office and other departments as specified in the current Hazardous Material Incident Response Plan, shall respond to the scene of any release of a hazardous substance as defined in Section 9-28B.80(b), and take all action necessary to remedy the effects of such release to the extent not already performed by the persons or entities described in Section 9-28B.81.

(Ord. No. 1898, § 1, 11-7-89)

28B.83 Reimbursement for County Expenses. The persons or entities described in Section 9-28B.81 shall reimburse the County of Lake for the reasonable value of the services provided pursuant to Section 9- 28B.82. Payment shall be due upon receipt of invoice.

(Ord. No. 1898, § 1, 11-7-89)

28B.84 Sanctions.

(a)

The violation of Section 9-28B.81 shall be an infraction punishable by a fine of Five Hundred Dollars ($500). Each day that such violation continues shall constitute a new and separate violation.

(b)

To the extent that a release of a hazardous substance does not constitute a violation of State or Federal Penal law, any person or entity intentionally releasing a hazardous substance with knowledge of the true nature of such substance is guilty of a misdemeanor.

(Ord. No. 1898, § 1, 11-7-89)

28B.85 Exemptions. This Article shall not apply to the release of hazardous substances which are governed by Vehicle Code Sections 23112.5 and 23113 or Health and Safety Code Sections 25500 et seq.

(Ord. No. 1898, § 1, 11-7-89)