San Marcos Municipal Code Ch. 8.76 Recovery of Emergency Response Expenses

(a)

Those expenses of an emergency response action necessary to protect the public health or safety, or to prevent a substantial danger to domestic livestock, wildlife or the environment, incurred by an officer or employee of the City to confine, prevent or mitigate the release, escape or burning of any hazardous substance, hazardous waste, or flammable material are a charge against any person whose negligence causes the emergency conditions. The charge created against the person by this subsection (a) is also a charge against the person's employer, if negligence causing the emergency conditions occurs in the course of the person's employment.

(b)

Those expenses of an emergency response action necessary to protect the public health or safety or to prevent a substantial danger to domestic livestock, wildlife or the environment incurred by an officer or employee of the City to confine, prevent or mitigate the release or escape of any hazardous substance, hazardous waste, or flammable material are a charge against any person who causes such emergency conditions by violating or being in violation of any law relating to the generation, transportation, treatment, storage,

recycling, disposal or handling of such hazardous substance, hazardous waste or flammable material, including, but not limited to the provisions of Chapters 6.5 to 6.7 of Division 20 of the California Health and Safety Code, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto.

(c)

Persons who may be liable pursuant to subsections (a) and (b) of this section shall include, but not be limited to, present or prior owners, lessees, or operators of the property where the hazardous substance, hazardous waste, or flammable material is located and producers, transporters or disposers of such hazardous substance, hazardous water of flammable material.

(d)

Expenses reimbursable to the City pursuant to this section are a debt of the person or persons liable therefor, and shall be collectible in the same manner as in the case of an obligation under contract, express or implied.

(e)

The meaning of all terms in this section, not otherwise defined, shall be as set forth in the California Health and Safety Code.

(f)

Hazardous substance means any hazardous substance listed in Section 25316 of the California Health and Safety Code or in Section 6382 of the California Labor Code.

(g)

Hazardous waste means any waste, or combination of wastes that would constitute a hazardous waste pursuant to Section 25117 of the California Health and Safety Code, including an "extremely hazardous waste" as defined in Section 25115 of the Health and Safety Code.

(h)

Flammable material means any material which constitutes a flammable material pursuant to the currently adopted Uniform Fire Code, which has been adopted by reference, with certain exceptions, by the City or the San Marcos Fire Protection District.

(i)

Expenses reimbursable to the City pursuant to this section include, but are not limited to, personnel costs, costs of equipment usage, the cost of supplies, contract service costs, administrative and overhead costs, and the cost of legal services incurred in the emergency response action. Actions which may be taken in an emergency response action include, but are not limited to, prevention, suppression, extinguishment, abatement, removal, disposal, cleanup, mitigation, transportation, temporary storage, and all activities reasonably related thereto, including testing, sampling and staff work necessary to assess, evaluate and characterize the emergency condition and to formulate appropriate plans for corrective actions.

(j)

Whenever emergency response expenses have been incurred for the purposes specified in subsections (a) or (b) of this section, the county officer or officers incurring said expenses shall calculate the amount of expenses incurred, identify the person or persons liable for reimbursement, and promptly send out an invoice of all appropriate charges to all responsible parties. If said charges are not paid within 30 days from the date of the invoice, said matter may be referred to the City Attorney, who shall be authorized to take all appropriate action, including bringing suit, for collection of the charges.

(k)

In addition to its rights to cost recovery under this section, the City shall retain the alternative right to recover its costs through the City's adopted nuisance abatement procedures.

(1)

The City may authorize the Unified San Diego County Emergency Services Organization or other designated body to recover costs incurred under this ordinance for and on behalf of the City.