Los Angeles Municipal Code Art. 4 Liability for Violation of Hazardous Waste and Substance Control Laws

(Art. 4, Ch. V, Added by Ord. No. 164,154, Eff. 12/9/88.)

Section

This article establishes liability for reimbursement of the City’s expenses incurred in connection with corrective action necessitated by violations of the hazardous waste and substance control laws. It also requires preparation of a hazardous materials clearance report before contaminated property is transferred.

For the purposes of this article, unless the context otherwise requires:

A. “City” means the City of Los Angeles.

B. “Corrective action” includes, without limitation, any “remedial action” within the meaning of Section 25322 of the Health and Safety Code and any “removal” within the meaning of Section 25323 of the Health and Safety Code.

C. “Disposal” has the meaning assigned to that term by Section 25113 of the Health and Safety Code.

D. “Facility” means

(1) any building, structure, installation, equipment, pipe or pipelines (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock or aircraft, or

(2) any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel.

E. “Hazardous substance” means a waste or substance that consists of a material listed in either the List of Chemical Names or the List of Common Names appearing in Section 66680 of Title 22 of the California Administrative Code, a waste or substance that is hazardous according to the criteria set forth in Article 11 (commencing with Section 66693) of Chapter 30 of Division 4, Title 22 of the California Administrative Code, or any hazardous substance as defined in either Section 25280, Section 25316 or Section 25400 of the Health and Safety Code.

F. “Hazardous waste and substance control laws” means Chapter 6.5 (commencing with Section 25100) or Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code or any permit, rule, regulation, standard or requirement issued or promulgated pursuant to such chapters.

G. “Environmental Manager” means the Chief of Police, Chief Engineer and General Manager of the Fire Department and/or the Executive Director of the Bureau of Sanitation or their designee.

H. “Release” has the meaning assigned to that term by Section 25320 and Section 25321 of the Health and Safety Code.

I. “Unauthorized disposal or release” means any disposal of a hazardous substance which is in violation of the provisions of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and

Safety Code, any “unauthorized release” within the meaning of Section 25280 of the Health and Safety Code, or any release of a hazardous waste or substance which is not “a release authorized or permitted pursuant to state law” within the meaning of Section 25326 of the Health and Safety Code.

J. “Vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.

If the City takes any corrective action which, in the judgment of an Environmental Manager, is reasonably necessary to remedy or prevent an imminent substantial danger to the public health, domestic livestock, wildlife or the environment arising out of any unauthorized disposal or release of any hazardous substance, the following described persons shall be jointly and severally liable to the City for the cost incurred by it in taking any such corrective action:

A. The owner or operator of a vessel or a facility,

B. Any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of,

C. Any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, and

D. Any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels or sites selected by such person, from which there is a release, or a threatened release which causes the incurrence of response costs, of a hazardous substance.

For the purposes of this article, the defenses available to liable persons shall be those defenses specified in Sections 101(35) and 107(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. §§ 9601(35) and 9607(b)).

If the Environmental Manager issues a lawful order directing any person who has violated or is in violation of any provisions of the hazardous waste or substance control laws to take corrective action respecting such violation, and if such person does not take such corrective action on or before the data specified in the order, the City may take or contract for the taking of such corrective action. If such corrective action is taken by or contracted for by the City, the person to whom the order was directed shall be liable to the City for the cost incurred by it in taking or contracting for such corrective action. If such corrective action is taken by the person to whom the order is directed or by such person’s agent, the person to whom the order is directed shall be liable to the City for the City’s costs of supervising such corrective action or otherwise verifying compliance with the order.

The costs referred to in Section 54.01 and Section 54.02 shall include, in addition to the City’s direct out–of–pocket expenses for labor and materials, administrative costs in an amount equal to ten (10) percent of the reasonable cost actually incurred or five hundred dollars ($500), whichever is greater. The amount of such costs for which liability is imposed pursuant to this article shall be recoverable in a civil action by the City or by ordinance and shall be in addition to any other fees or penalties authorized by law, provided that any sums actually received by the City in connection with such work pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code shall be credited against any amount recoverable in such civil action. If recovery of part or all costs is by way of an ordinance the procedure set forth in LAAC § 19.96 B.3. through 7., C.34. and D. shall be followed.

No property upon which there has been an unauthorized disposal or release of a hazardous substance shall be sold, transferred or otherwise conveyed without the proper approval by the County Health Department and recordation with the County Recorder of a hazardous substance clearance report. Said report shall consist of:

A. A site characterization study which details the nature and extent of the contamination.

B. A site mitigation plan if required by any governmental authority with appropriate jurisdiction.

C. A site clearance certificate signed by the property owner under penalty of perjury to the Director of the County Health Department that:

1. The owner has prepared all elements of any required mitigation plan.

2. The owner applied for and obtained to the extent available, certification or verification from competent state and federal authorities that mitigation measures have been completed in compliance with

any and all approved site mitigation plans and, where required, has conducted follow up soil sampling and analysis. Copies of the state or federal verification shall be submitted.

3. Includes the following declaration: “The owner recognizes that ownership entails a nondelegable duty to perform the work called for in the site mitigation plan; that the owner and not the City, is

responsible for compliance with any and all site mitigation plans; that the owner, not the City, attests to and is responsible for the accuracy of the representations made in any certification and that the owner will continue to remain liable and responsible, to the extent such liability or responsibility is imposed by state and federal law, for the owners failure to comply with any site mitigation plan.”