Santa Barbara County Municipal Code Art. IV Release of Waste

(a) Any person who is reliably informed of, or discovers, a release of a hazardous material within the county shall notify the county director of environmental health services within ten working days after receiving that information or making that discovery, except that if the release poses an immediate hazard to the public health or the environment the county health officer shall also be notified within twenty-four hours. No such report shall be required if there is good cause to believe that such release has already been reported to the county director of environmental health or county health officer. Such notification shall include, to the extent known, the location of the release, the material released, the date of such release, the persons responsible, and the name of the reporting party. Notification received pursuant to this article or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case.

(b) For purposes of this section, "hazardous material" means any substance or mixture of substances which:

(1) Is toxic;

(2) Is corrosive;

(3) Is an irritant;

(4) Is ignitable or combustible;

(5) Is radioactive;

(6) May cause substantial personal injury or substantial illness during or as a proximate result of any contact with human beings, including, but not limited to, reasonably foreseeable ingestion by children. The terms "toxic," "corrosive," "irritant," "ignitable," "combustible," and "radioactive" shall have the meanings prescribed in the California Hazardous Waste Control Law, Health and Safety Code Sections 25100 et seq. and its implementing regulations, as may be amended.

(c) "Release" means spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency. "Release of a hazardous substance" shall not include the permitted use, storage, disposal, handling, blending, treatment, or transportation of such substances.

(Ord. No. 5190, § 1, 9-19-2023)

Any person who violates any provision of this article is guilty of a misdemeanor.

(Ord. No. 5190, § 2, 9-19-2023)

Whenever there is reason to believe that there is a continuing practice by any person in violation of this article, the district attorney or county counsel may make application to the superior court for an order enjoining such practice, or for an order directing compliance, and upon a showing that such person has engaged in or is about to engage in any such practice, a permanent or temporary injunction, restraining order, or other order may be granted.

Any person who willfully violates the provisions of this article shall be liable for a civil penalty not to exceed twenty-five thousand dollars for each day that the violation continues to exist. Such civil penalty shall be assessed and recovered in a civil action commenced within one year from the date the failure to report is discovered.

(Ord. No. 5190, § 2, 9-19-2023)

It is not the intention of this article to require handlers of hazardous materials to report to the county a release of hazardous materials which is not required to be reported under state or federal law. If the release is not required to be reported under state or federal law by the handler then no other person is placed under a duty to report such release.

(Ord. No. 5190, § 2, 9-19-2023)

(a) For purposes of this section, the county director of environmental health services shall be designated as the "local officer" as set forth in the Health and Safety Code Sections 101480 et seq.

(b) Whenever a release of waste occurs and remedial action is required, the responsible party for the release may request the local officer to supervise the remedial investigation and/or remedial action pursuant to a remedial action agreement entered into by the local officer and the responsible party. The remedial action agreement shall be consistent with Health and Safety Code Section 101480, Subdivision (c) and specify the testing, monitoring, and analysis the responsible party will carry out to determine the type and extent of the contamination caused by the release, the remedial actions that will be taken, and the cleanup goals that the local officer determines are necessary to protect human health or safety or the environment, and that, if met, constitute a permanent remedy to the release of the waste.

(c) To the extent authorized by the State Department of Toxic Substances Control, the Santa Barbara County Environmental Health Services in its capacity as a Certified Unified Program Agency, shall oversee site screening, site investigation and corrective measures required at sites in the county that are subject to the state Hazardous Waste Control Law.

(d) The county board of supervisors may, by ordinance or resolution, adopt such fees as necessary to pay the reasonable and necessary costs of the local officer to oversee site investigations and remedial actions taken by a responsible party.

(e) This section does not limit the county health officer or county director of environmental health's authority to oversee site investigations or remedial actions pursuant to Chapter 6.65 of Division 20 of the Health and Safety Code, Sections 33459 to 33459.8 of the Health and Safety Code, or Sections 101480 to 101490 of the Health and Safety Code, to the extent applicable.

(Ord. No. 5190, § 2, 9-19-2023)

Wells and exploratory borings constructed for the purpose of monitoring or abating contaminants in underground waters or soil that are associated with a hazardous materials release shall be subject to the administrative authority of the Santa Barbara County Environmental Health Services in Chapter 34A of Santa Barbara County Code for enforcement of statutes, ordinances, or regulations related to hazardous materials, hazardous wastes or hazardous substances as set forth in this chapter, as amended from time to time.

(Ord. No. 5190, § 2, 9-19-2023)

(a) For purposes of this section, the local health officer or county director of environmental health services, as the authorized representative of the local health officer, shall be responsible to carry out the responsibilities as assigned by the Methamphetamine or Fentanyl Contaminated Property Cleanup Act in Chapter 6.9.1 of the Health and Safety Code Sections 25400.10 to 25400.47.

(b) For the purposes of this section "unit" includes but is not limited to any property as defined in Health and Safety Code Section 25400.11, a structure, partial structure, mobile home, manufactured home, or recreational vehicle, as applicable, and any accessory building or structure related thereto.

(c) If a property is known or suspected to be contaminated by a methamphetamine or fentanyl laboratory activity, a property owner or person occupying the property subject to a notice or order posted by the local health officer or county director of environmental health services pursuant to Chapter 6.9.1, Article 3 of the Health and Safety Code, shall immediately vacate the affected unit until the contamination is remediated by an authorized contractor of the property owner in accordance with a preliminary site assessment workplan approved by the county director of environmental health services.

(d) No re-occupancy or entry by unauthorized person of the affected property shall occur at a methamphetamine or fentanyl laboratory-contaminated unit that is determined to be hazardous until the property owner or property owner's authorized contractor has completed remediation and the county director of environmental health has issued a no further action determination. A person who violates an order issued pursuant to Chapter 6.9.1 of the Health and Safety Code prohibiting the use or occupancy of a property or portion thereof contaminated by methamphetamine or fentanyl laboratory activity is subject to a civil penalty in the amount of up to five thousand dollars.

(e) This article does not preclude the county or a city from seeking any other remedies as authorized by Chapter 6.9.1 of the Health and Safety Code to abate, and/or recover reasonable costs incurred to remediate a property contaminated by methamphetamine or fentanyl laboratory activity.

(Ord. No. 5190, § 2, 9-19-2023)

If any of the provisions of this article or the application thereof to any person or circumstance is held invalid, the remainder of those provisions, including the application of such part or provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this article are severable.

(Ord. No. 5190, § 2, 9-19-2023)

This article is meant to supplement, not amend, any existing provision of the County Code. In the event a conflict arises between a provision of the County Code and any provision of this article, this article shall prevail.

(Ord. No. 5190, § 2, 9-19-2023)