Chapter 8.20 — HAZARDOUS MATERIAL AND SUBSTANCES—RECOVERY OF COSTS

As used in this chapter, the following terms shall be defined as follows:

"Costs" means those necessary and reasonable costs incurred by the city in connection with investigation, mitigating, minimizing, removing or abating discharges of hazardous material and substances, including, but not limited to, the following: actual labor costs of city personnel or its authorized agents, cost of equipment operation and rental, cost of expendable items including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, goggles and protective clothing (both structural and chemical—protective, disposable or standard use).

"Discharge" means any intentional or unintentional action or omission resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance upon public or private property located within the corporate limits of the city.

"Hazardous substances" means any substances or materials in a quantity or form, which, in the determination of the fire chief or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the city and shall include, but not be limited to those hazardous substances listed in Health and Safety Code Section 25316, State of California; Labor Code 6382, State of California; N.F.P.A. Guide on Hazardous Materials; EPA and DOTSC list of extremely hazardous substances.

"Persons" means one or more individuals, partnerships, corporations, trusts, joint ventures, associations or any other entities or any combination thereof.

"Responsible persons" or "responsible parties" means those persons described in 42 USC Section 9607(A).

(Ord. 1606 § 1 (part), 1995)

A.

The fire department is authorized to take such steps as are necessary to clean up, remove or abate the effects of any hazardous substances discharged upon or into public or private property (including streets and appurtenances) or facilities located within the corporate limits of the city.

B.

Any person or persons responsible for allowing an unauthorized discharge of hazardous substances that requires emergency action by the fire department or its authorized agents in order to protect the public health, safety and welfare shall be jointly and severally liable to the city for the costs incurred by the city in investigating, mitigating, minimizing, removing and abating any such discharge.

C.

When responding to the emergency caused by the unauthorized discharge of hazardous substances, the fire department shall keep a detailed record of the cost attributable thereto.

D.

The intrusion into a river, lake, canal, pond or other waterway by a surface or rail transportation vehicle shall constitute a discharge of materials so described in subsection B of this section due to the release of hydrocarbon materials such as fuel and oils and the potential for hazardous cargo. To reduce environmental damage, the fire department may authorize underwater diving operations to assist in said vehicle removal.

E.

The fire department may activate the county joint hazardous materials response team to assist in scene mitigation on their behalf for emergencies that require their response.

(Ord. 1606 § 1 (part), 1995)

A.

Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances shall reimburse the city for the full amount of all costs, as defined herein, associated with the investigation, mitigation, minimizing, removing and abating any such discharge within a period of thirty days after receipt of an itemized bill for such costs from the city. Reasonable administrative fees are inclusive.

B.

Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances and who fails to reimburse the city within the time set forth in subsection A of this section, shall be subject to additional penalties or lien for costs and damages upon the real property owned by the responsible party which is subject to, or affected by the removal and remedial action. This lien shall attach regardless of whether a responsible party is solvent. The city shall not be considered a responsible party for a hazardous substance release site because a claim and lien is imposed pursuant to this section.

C.

The remedy provided for in this section shall be supplemental to and in addition to all other available remedies at law and equity.

D.

Funds recovered under this cost recovery ordinance will be charged back to the city department that provided services or materials on the problem. It is the intent of this chapter that pre-stock levels of response equipment inventories be replenished in a prompt manner and specific operational funds be replenished for the expenditures that occur.

(Ord. 1606 § 1 (part), 1995)