Simi Valley Municipal Code Ch. 10 Hazardous Wastes

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "City" shall mean, in addition to the City of Simi Valley, any special district governed by the Council and any district or agency on whose behalf the Council acts, including the Ventura County Waterworks District No. 8, the Simi Valley County Sanitation District, and the Community Development Agency.

(b) "Corrective action" shall mean and include, without limitation, any "remedial action" within the meaning of Section 25322 of the Health and Safety Code of the State and any "removal" within the meaning of Section 25323 of said Health and Safety Code.

(c) "Disposal" shall have the meaning assigned to that term by Section 25113 of the Health and Safety Code of the State.

(d) "Hazardous waste or substance" shall mean a waste or substance which consists of material included in either the list of chemical names or the list of common names appearing in Section 66680 of Title 22 of the California Administrative Code, a waste or substance which is hazardous according to the criteria set forth in Article 11 (commencing with Section 66693) of Chapter 30 of Division 4 of Title 22 of the California Administrative Code, or any hazardous substance as defined in either Section 25280, Section 25316, or Section 25400 of the Health and Safety Code of the State.

(e) "Hazardous waste and substance control laws" shall mean Chapter 6.5 (commencing with Section 25100) or Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code of the State or any permit, rule, regulation, standard, or requirement issued or promulgated pursuant to said chapters.

(f) "Manager" shall mean the City Manager, and his designated representatives, and the District Manager of any special district governed by the Council, and his designated representatives.

(g) "Person" shall mean and include individuals, companies, corporations, public entities, partnerships, and any other businesses or organizations.

(h) "Release" shall have the meaning assigned to that term by Sections 25320 and 25321 of the Health and Safety Code of the State.

(i) "Unauthorized disposal or release" shall mean any disposal of a hazardous waste or substance which is in violation of the provisions of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code of the State, any "unauthorized release" within the meaning of Section 25280 of said Health and Safety Code, or any release of a hazardous waste or substance which is not "a release authorized or permitted pursuant to State law" within the meaning of Section 25326 of said Health and Safety Code.

(§ 1, Ord. 612, eff. September 4, 1985)

If the City takes any corrective action which, in the judgment of either the City Manager or the District Manager of any special district governed by the Council, or their designees, is reasonably necessary to remedy or prevent substantial danger to the public health, domestic livestock, wildlife, or the environment arising out of any unauthorized disposal or release of any hazardous waste or substance, the following described persons shall be jointly and severally liable to the City for the cost incurred by it in taking any such corrective action:

(a) The person whose negligent and/or wilful act or omission proximately caused any such disposal or release;

(b) The person who owned or had custody or control of the hazardous waste or substance at the time of such disposal or release, without regard to fault or proximate cause; and

(c) The person who owned or had custody or control of the container which held such hazardous waste or substance at the time of, or immediately prior to, such disposal or release, without regard to fault or proximate cause.

(§ 1, Ord. 612, eff. September 4, 1985)

If the City Manager, or the District Manager of a special district governed by the Council, or their designees issue a lawful order directing any person who has violated or who is in violation of any provision of the hazardous waste or substance control laws to take corrective action respecting such violation, and such person does not take such corrective action on or before the date specified in the order, the City may take or contract for the taking of such corrective action. If such corrective action is taken by or contracted for by the City, the person to whom the order was directed shall be liable to the City for the cost incurred by it in taking or contracting for such corrective action. If such corrective action is taken by the person to whom the order is directed or by such person's agent, the person to whom the order is directed shall be liable to the City for the City's cost of supervising such corrective action or otherwise verifying compliance with the order.

(§ 1, Ord. 612, eff. September 4, 1985)

The costs referred to in Sections 6-10.02 and 6-10.03 of this chapter shall include, in addition to the City's direct out-of-pocket expenses, the cost of all City personnel and equipment engaged in such work, computed in accordance with the City's standard accounting procedures for computing the hourly cost of services by such personnel. The amount of such costs for which liability is imposed pursuant to this chapter shall be recoverable in a civil action by the City and shall be in addition to any other fees or penalties authorized by law; provided, however, any sums actually received by the City in connection with such work pursuant to either Section 6-10.02 or 6-10.03 of this chapter, or Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code of the State, shall be credited against any amount recoverable in such civil action.

(§ 1, Ord. 612, eff. September 4, 1985)