Solana Beach Municipal Code Art. II Recovery of Emergency Response Expenses

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 section is also a charge against the person’s employer, if negligence causing the emergency condition occurs in the course of the person’s employment. (Ord. 55 § 1, 1987; 1987 Code § 5.24.010)

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. (Ord. 55 § 1, 1987; 1987 Code § 5.24.020)

Persons who may be liable pursuant to SBMC 2.28.110 and 2.28.120 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 waste or flammable material. (Ord. 55 § 1, 1987; 1987 Code § 5.24.030)

Expenses reimbursable to the city pursuant to this article 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. (Ord. 55 § 1, 1987; 1987 Code § 5.24.040)

A. Expenses reimbursable to the city pursuant to this article 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 must 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.

B. Whenever emergency response expenses have been incurred for the purposes specified in SBMC 2.28.110 or 2.28.120, the officer, agency 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. (Ord. 55 § 1, 1987; 1987 Code § 5.24.050)

In addition to its rights to cost recovery under this article, the city shall retain the alternative rights to recover its costs by way of nuisance abatement procedure under Chapter 6.04 SBMC or by civil action. (Ord. 55 § 1, 1987; 1987 Code § 5.24.060)

The city council may, by resolution, authorize the Unified San Diego County Emergency Services Organization or other designated body to recover costs incurred under this article for and on behalf of the city. (Ord. 55 § 1, 1987; 1987 Code § 5.24.070)

Whenever the following terms are used in this article, they shall have the meaning established by this section. Any terms not otherwise defined shall be construed as set forth in California Health and Safety Code.

A. “Hazardous substance” means any hazardous substance listed in California Health and Safety Code Section 25316 or in California Labor Code Section 6382.

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

C. “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. (Ord. 55 § 1, 1987; 1987 Code § 5.24.080)