Lodi Municipal Code Ch. 8.22 Nuisances—specific Hazardous Chemicals

Significant quantities of hazardous substances have come to be located and further threaten to become located in the soil and groundwater in and emanating from the city;

The city has commenced, in cooperation with other governmental agencies having concurrent jurisdiction and authority, an investigation into the nature and extent of the impacts on human health, welfare and the local environment resulting from hazardous substance contamination of the soil and groundwater in and emanating from the city;

The hazardous substance contamination of the soil and groundwater in and emanating from the city causes or threatens to cause significant and unacceptable impacts on the human health, welfare, public resources and environment for present and future generations of the local community; and

The City Council, the duly elected legislative body of the City of Lodi, has met and duly enacted the following Declaration of Nuisance, pursuant to its authority under the California Constitution, the California Government Code, specifically including but not limited to California Government Code § 38771.

(Ord. 1647 (part), 1997)

Whenever used in this chapter, the following terms shall have the meanings set forth below:

A. "Discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, dumping, depositing, disposing, or placing of hazardous substances, or any constituent thereof, into or on the environment.

B. "Domestic source" means emanating or originating from a household or residence, and shall specifically not include hotels, motels, or facilities the principal residential use of which is for industrial or commercial, for-profit purposes.

C. "Environment" means any surface water, ground water, soil water, drinking water supply, soil, land surface, or subsurface strata, or ambient air within, under the jurisdiction of, or affected by conditions emanating from the city.

D. "Hazardous substances" means the following:

1. Tetrachloroethane (PCE), Trichloroe-thene (TCE), 1,1,1-Trichloroethane (1,1,1-TCA), 1,1-Dichloroethene (1,1 DCE), cis 1,2-Dichloroethene (c-1,2 DCE), 1,2-Di-chloroethane (1,2 DCA), 1,1-Dichloroethane (1,1, DCA), Benzene, Toluene, Ethylbenzene, Xylene, Chromic Acid, Hexavalent Chromium, Bromodichloromethane, Carbon Tetrachloride, Chloroethane (Ethyl Chloride), Chloromethane (Methyl Chloride), Dibromochloromethane, 1,4-Dichlorobenzene, Dichlorodifluoromethane, Dichloro-methane, trans-1,2-Dichloroethene, 1,2,3,-Trichloropropane, and Chloroethene (Vinyl Chloride);

2. Such other materials as are included within the definitions set forth in:

a. 42 U.S.C. Section 9601(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499, 100 Stat. 1613, and as further amended by the Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996, Pub. L. 104-208, 110 Stat. 3009, 42 U.S.C. Sections 9601—9675,

b. 42 U.S.C. Section 6904(5) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as further amended by the Hazardous and Solid Waste Amendments of 1984, and as further amended by the Asset Conservation, Lender Liability, and Deposit Insurance Protection Act of 1996, Pub. L. 104-208, 110 Stat. 3009, 42 U.S.C. Sections 6901—6992k (hereinafter collectively "RCRA"),

c. RCRA Section 9001 (8), 42 U.S.C. Section 6991(8),

d. Section 307(a) of the Federal Water Pollution Control Act, as amended by the Federal Clean Water Act, 33 U.S.C. Section 1317(a), and its implementing regulations,

e. Section 2701(23) of the Federal Oil Pollution Act of 1990, 33 U.S.C. Section 2701(23),

f. Section 112(6) of the Federal Clean Air Act, 42 U.S.C. Section 7412(6),

g. Section 25299.22 of the California Health and Safety Code;

3. Any radioactive material; and

4. Any other substance, as determined by the city council, which poses or may pose a threat to the human health, welfare, public resources or the environment within, or under the jurisdiction of, the city.

E. "Unpermitted" means other than as expressly authorized by valid permit or similar express authorization issued by a federal, state, county, city or other governmental unit or agency acting within its jurisdiction, which permit or other similar express authorization allows the presence of hazardous substances in the environment where they are located or threaten to become located.

F. "Unregulated" means other than as expressly authorized by federal, state, county, city or other duly promulgated and valid statute, ordinance, regulation, rule or other legislative enactment or duly authorized and validly promulgated administrative requirement of a governmental agency acting within its jurisdiction which enactment or administrative requirement expressly allows the presence of hazardous substances in the environment where they are located or threaten to become located.

(Ord. 1647 (part), 1997)

A. The unpermitted or unregulated presence, resulting from other than a domestic source, of a hazardous substance in the environment or in a location where it may threaten to enter into the environment is a public nuisance.

B. Any permit, regulation, rule or other governmental authorization to discharge a hazardous substance into or otherwise place a hazardous substance in a pipe, lateral, sewer, manhole, or other conveyance shall neither be nor constitute either a permitted presence or regulated presence within the meaning of Section 8.22.020(E) or (F) of this chapter, unless that regulation, permit, rule or other governmental authorization expressly authorizes, in the valid exercise of jurisdiction by the governmental authority that promulgated or issued the authorization, the discharge of that hazardous substance into the environment where it has become located or threatens to become located, and unless all such discharges or placements of hazardous substances were in strict compliance with all of the terms, conditions and requirements of the regulation, permit, rule or other authority authorizing the discharge or placement of the hazardous substances into the environment.

(Ord. 1647 (part), 1997)