Mendocino County Municipal Code Ch. 8.70 Hazardous Materials Releases

For the purpose of this Chapter, the following definitions shall apply:

(A) "Hazardous material" means any material described in Section 25501(k) of the California Health and Safety Code.

(B) "Unauthorized release of hazardous material" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency.

(C) A "threatened release" means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or the environment.

(D) "Handler" means any business which handles a hazardous material.

(Ord. 3653, adopted 1987: Ord. No. 3909 (part), adopted 1995.)

The handler or any employee, authorized representative, agent or designee of a handler of any hazardous material shall, upon discovery immediately report any release or threatened release of a hazardous material to the local Fire Department, the Department of Public Health, Division of Environmental Health (Administering Agency for Chapter 6.95 of the California Health and Safety Code), and the Governor's Office of Emergency Services Warning Center. Compliance with this section does not release handlers from other reports required by State and Federal law.

The County Administrator shall be notified of significant releases which may have a significant effect on County resources.

(Ord. No. 3653, adopted 1987: Ord. No. 3909 (part), adopted 1995.)

Pursuant to Section 25507.2 of the California Health and Safety Code, the Department of Public Health, Division of Environmental Health, is hereby authorized to train for, and respond to, the release or threatened release of a hazardous material. The Department may contract with other agencies for hazardous materials emergency response operations.

(Ord. No. 3653, adopted 1987: Ord. 3909 (part), adopted 1995.)

The persons or entities described in Section 8.70.020 shall reimburse the County of Mendocino for the full cost of the services provided pursuant to Section 8.70.030. Payment shall be due upon receipt of invoice.

(Ord. No. 3653, adopted 1987: Ord. 3909 (part), adopted 1995.)

Pursuant to the authority of Section 25514.5 of the California Health and Safety Code, the following administrative civil penalties are adopted for each day in which violations of this Title and Chapter 6.95, Article 1 of the California Health and Safety Code occur.

(A) A penalty of Five Hundred Dollars ($500) for the first violation;

(B) A penalty of One Thousand Dollars ($1,000) for the second violation within one year;

(C) A penalty of Two Thousand Dollars ($2,000) for the third and subsequent violations.

This section does not preempt any other applicable criminal or civil penalties.

(Ord. No. 3653, adopted 1987: Ord. 3909 (part), adopted 1995.)

Pursuant to Section 2416(a)(10) of the California Vehicle Code, any vehicle designated by the Director of the Department of Public Health as a hazardous materials response team vehicle, and used for response to hazardous materials emergencies, is an authorized emergency vehicle.

(Ord. 3909 (part), adopted 1995.)