Paramount Municipal Code Art. 7 Discharge of Hazardous Material

Discharge or hazardous materials discharge.

Any accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous material into or on any land or water, or into the air.

A "discharge" or "hazardous materials discharge" does not include emissions of hazardous materials which comply with valid permits or regulations of the Los Angeles Regional Water Quality Control Board, the South Coast Air Quality Management District, or an agency of the State of California or the United States.

A "threatened discharge" means the creation of a condition or taking of an action which is intended to or will foreseeably create a substantial probability that a discharge will occur.

Facility.

Any land and appurtenances thereto from which a hazardous materials discharge has occurred. The term "facility" includes, but is not limited to, any plant, business, installation, equipment, pipe or pipeline, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, or any site or area from which a hazardous materials discharge has occurred. "Facility" does not include the following land or appurtenances required for the preservation of the public health, safety, and welfare: telephone transmission systems, electrical transmission systems, and natural gas transmission systems.

Hazardous material.

A substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either:

Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of or otherwise managed.

Unless expressly provided otherwise, the term "hazardous material" shall be understood to also include "extremely hazardous waste" as that term is defined in California Health and Safety Code Section 25115.

All questions about whether a particular material is a "hazardous material," as defined in this section, shall be resolved by referring to the regulations of the Department of Health Services contained in Division 22 of the California Code of Regulations, or by referring to any other interpretations issued by the California Department of Health Services.

Owner and property owner.

The terms "owner" and "property owner" shall be deemed to include any person owning, leasing, occupying, or having charge or possession of any property in the City.

(Prior code §§ 33-64—33-67)

When a discharge or threatened discharge of any hazardous material has occurred from a facility located within the City of Paramount, the facility is declared to be a public nuisance, and may be abated by the procedures set forth in this chapter.

(Prior code § 33-68)

A. In the event of a discharge, the discharger shall immediately notify the City of the incident by telephone or in person. The notification shall include the location of the discharge, type of material discharge, concentration and volume of the discharge, and corrective actions taken.

B. Within 10 days after the discharge, the discharger shall submit to the City a detailed written report describing the cause of the discharge, correction action taken and measures to be taken to prevent future occurrences. Such notification shall not relieve the discharger of liability or fines incurred as a result of the discharge.

(Prior code § 33-68.1)

Information and data concerning discharges obtained from reports, questionnaires, permit applications, permits, monitoring programs, and inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City Manager that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics will not be recognized as confidential information.

(Prior code § 33-68.2)

A. Whenever the City Manager, or such other City official as may be designated by the City Manager (hereinafter "City official"), reasonably determines that it is necessary to protect public health and safety, he or she may order immediate corrective action for all or part of a facility from which a hazardous materials discharge has occurred.

B. "Corrective action" means the cessation, suspension, or other full or partial restriction of facility operations in such a manner as determined by the City official to be necessary to protect public health and safety. The City official shall have the discretion to specify the terms and conditions of the corrective action to fit the particular conditions at the facility, and to subsequently modify the terms and conditions of the corrective action as the City official, in his or her discretion, deems appropriate.

C. The corrective action order shall remain in effect until modified or terminated by the City official, or until modified or terminated through the appeals procedure outlined in the following sections of this chapter.

(Prior code § 33-69)

A. When the City official determines that corrective action is necessary pursuant to Section 13.20.670, he or she shall serve written notice on the owner of the facility. Such notice shall specify the conditions giving rise to the public nuisance designation, the section of the Paramount Municipal Code giving rise to such designation, the terms and conditions of the corrective action order, and the procedure for appealing the order.

B. A copy of the notice shall be served personally or mailed by certified mail to the facility owner as such owner's name appears on the last available equalized tax roll. A copy of the notice shall also be served on any lessee, occupier, or other person in charge or control of the property.

C. Service shall be deemed complete at the time said notice is personally served or deposited in the mail. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.

(Prior code § 33-70)

The owner of the facility shall have the right to appeal any corrective action order issued pursuant to Section 13.20.670, according to the following procedure:

A. After service of the corrective action order specified in Section 13.20.680, the owner can at any time appeal the order to the Planning Commission, which shall serve as the Board of Appeals. The corrective action order shall remain in full force and effect until such time as the order may be vacated or modified by the Board of Appeals.

B. Within seven days of receiving a written notice requesting an appeal, the Board of Appeals shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from owners, witnesses, City personnel, and other interested persons as to whether the corrective action order is necessary to protect public health and safety. Said hearing may be continued from time to time.

C. Upon the conclusion of the hearing on such appeal, the Board of Appeals, based on the evidence adduced at said hearing, shall confirm the order if it finds that it is necessary to protect the public health and safety. Based on the evidence adduced at said hearing, the Board of Appeals may also modify or vacate the order.

D. The Board of Appeals shall prepare a report of its findings from the hearing. A copy of such report shall be served on all known owners of the subject facility within five days of the hearing.

E. A copy of the report shall be served personally or mailed by certified mail to the facility owner as such owner's name appears on the last available equalized tax roll. Service shall be deemed complete at the time said report is personally served or deposited in the mail. Failure of any person to receive such report shall not affect the validity of any proceedings hereunder.

(Prior code § 33-71)

A. Any person entitled to notice under Section 13.20.680 may appeal from the decision of the Board of Appeals by filing at the office of the City Clerk within seven days after the date of service of such decision, a written, dated appeal containing:

1. A specific identification of the facility which is the subject of the appeal.

2. A caption reading: "Appeal of _________," giving the names of the appellants participating in the appeal.

3. A brief statement setting forth the legal interest of each of the appellants in the facility involved in the notice and corrective action order.

4. A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant.

5. The signatures of all parties named as appellants, and their official mailing addresses.

6. The verification of at least one appellant as to the truth of the matters stated in the appeal.

B. As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing of the appeal by the City Council, which date shall be not less than three days nor more than 30 days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least three days prior to the date of the hearing to each appellant by the City Clerk, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. Continuances of the hearing may be granted by the City Council on request of the owner for good cause shown, or on the City Council's own motion.

C. Upon conclusion of the hearing on such appeal, the City Council shall by resolution either:

1. Vacate the corrective action order;

2. Confirm the action and decision of the Board of Appeals; or

3. Modify such decision based upon evidence adduced at said hearing.

(Prior code § 33-72)

The owner or other person having charge or control of any facility who violates any order made pursuant to this article is guilty of a misdemeanor. Each day of violation shall constitute a separate misdemeanor.

(Prior code § 33-73)

When a discharge (or threatened discharge) of a hazardous material has occurred from a facility and the City official determines in his or her discretion that immediate corrective action pursuant to Section 13.20.670 is not necessary, the City official may elect to proceed with the nuisance abatement procedure as set forth in Sections 13.20.500 to 13.20.620 of the Paramount Municipal Code. If at any time the City official determines, in his or her discretion, that the facility from which a discharge has occurred does not present a reasonable future danger to public health and safety, he or she may declare that the property is not a public nuisance.

(Prior code § 33-74)

The procedures for abatement set forth in this article shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law.

(Prior code § 33-75)

By resolution, the City Council will adopt an implementation manual to guide City staff actions under this article. Amendment of the implementation manual shall be by resolution.

(Prior code § 33-76)

The provisions of this article do not create liability on the part of the City, or on the part of any City officer who acts, or fails to act, under any of the provisions of this article.

(Prior code § 33-77)

Subject to the limitations of due process, it is the intent of the City that this article shall establish a discretionary responsibility or duty requiring the exercise of judgment and discretion, on the part of any City officer, who acts, or fails to act, under any of the provisions of this chapter.

(Prior code § 33-78)