Santa Ana Municipal Code Art. I In General

Pursuant to Section 25283 of the Health and Safety Code of the State of California, the City of Santa Ana assumes responsibility for the implementation of Chapter 6.7 (commencing with Section 25280) of Division 20 of the said Health and Safety Code and designates the Santa Ana Fire Department as the local agency responsible for administering and enforcing said chapter. The fire chief is authorized to establish rules and regulations as necessary or convenient for such administration and enforcement.

(Ord. No. NS-1774, § 3, 5-20-85)

Pursuant to Section 25502 of the Health and Safety Code of the State of California, the City of Santa Ana assumes responsibility for the implementation of Chapter 6.95 (commencing with Section 25500) of Division 20 of the said Health and Safety Code and designates the Santa Ana Fire Department as the administering agency responsible for administering and enforcing said chapter. The fire chief is authorized to establish rules and regulations as necessary for such administration and enforcement. Any person who violates Section 25507 of said Health and Safety Code shall be subject to the penalties specified in Section 25515 of said Health and Safety Code.

(Ord. No. NS-1857, § 1, 7-21-86; Ord. No. NS-1890, § 1, 4-6-87)

(a) The expense of an emergency response to any spill or release of a hazardous substance, as hereinafter defined, which poses a significant present threat or potential hazard to human life, property or environment, shall be a charge against the person or entity whose conduct, or that of its employees, agents or contractors, caused or permitted the incident resulting in the emergency response. Said charge shall constitute a debt that is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under contract.

(b) The charge for an emergency response shall be imposed in accordance with a schedule of fees, pursuant to the recommendation of the fire chief of the City of Santa Ana, adopted by resolution of the city council for the City of Santa Ana, as it may from time to time be amended. Implementation of such an assessment procedure shall not be the exclusive remedy of city for recovery of such costs.

The cost imposed pursuant to the schedule of fees shall be reasonably commensurate to the verifiable costs involved in emergency response to and/or prevention, abatement, mitigation or confinement of spills or releases of hazardous substances within city limits.

The fire chief of the City of Santa Ana or his designee shall determine the verifiable costs of the city for emergency response to hazardous substance spills or releases within city limits and shall use such costs to develop a cost recovery schedule of applicable charges necessary to recover city costs for such emergency responses. Said schedule shall be the basis for the fire chief's recommendation to the city council of the City of Santa Ana.

Payment of any charge hereunder shall not relieve a person or entity, its employees, agents or contractors from compliance with any other applicable law, rule or regulation.

(c) The fire chief of the City of Santa Ana is hereby designated by the city as the person responsible for administering and enforcing this section.

(d) For purposes of this section a hazardous substance shall be defined as any material that is identified in:

(1) The Code of Federal Regulations, Title 49, Section 171.8;

(2) California Health and Safety Code, Section 25316;

(3) California Administrative Code, Title 8, Subchapter 7, Group 16 List of Legal Carcinogens;

(4) Code of Federal Regulations, Title 40, Section 261.31—261.33;

(5) The list of hazardous substances prepared by the Director of the Department of Industrial Relations pursuant to Section 6382 of the Labor Code, as set forth in Section 339 of Title 8 of the California Administrative Code, including, but not limited to, carcinogens, toxic or hazardous water pollutants, hazardous air pollutants, airborne chemical contaminants, restricted pesticides or toxic materials;

(6) The list of hazardous or extremely hazardous wastes prepared by the Director of the Department of Health Services pursuant to Section 25140 of the Health and Safety Code as set forth in Section 66680 of Title 22 of the California Administrative Code, including, but not limited to, wastes which could cause death, contribute to an increase in incapacitating or irreversible illness or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed or otherwise managed; or

(7) Any substance which is known by the business handling it to be likely to pose a significant present or potential hazard to public health, safety or the environment.

(e) A material may be added to the list of hazardous substances as defined in Section (d) hereof, upon a finding by the fire chief of the city of Santa Ana that the material, because of its quantity, concentration or physical or chemical characteristic, poses a significant present threat or potential hazard to human life, property or the environment if released into the community.

(f) An emergency response shall be defined as a response by a city department or agency to prevent, abate, mitigate or confine a spill or release of a hazardous substance within city limits in order to protect human life, property or the environment from a significant present threat or potential hazard.

(g) A release or spill shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, burning, dumping or disposing into the environment and/or community.

(h) Any person or entity, its employees, agents or contractors who causes, permits or is responsible for a spill or release of a hazardous substance within city limits, upon notification of the same, shall immediately cease all activities causing or likely to cause reoccurrence or continuation of such spills or releases and shall not resume such activities unless and until so directed by the fire chief of the City of Santa Ana or his designee.

(i) No person or entity, its employees, agents or contractors shall dispose of or store any hazardous substance on public property, except under direction of the fire chief of the City of Santa Ana or his designee.

(Ord. No. NS-1947, § 1, 1-19-88)

No person shall permit any water or drainage to flow from any premises into, upon or under any gutter or street so as to cause the same to be a nuisance or offensive to the neighborhood or persons passing by, or to permit for any purpose any water from any well, ditch or from any source whatever to drain upon or under any gutter or street without such person first obtaining a permit from the council so to drain said water upon or under the gutter or street in the city.

(Code 1952, § 4276)

State Law reference— A misdemeanor to deposit offal on highways, § 374b, Pen. Code; illegal deposits in water courses, § 5650, Fish and G. Code.