Sec. 29-17. - Emergency response.

(a)

An emergency is a condition creating a reasonable cause for concern that someone or something may be exposed to a risk of harm by a release or a threatened release of a hazardous material if prompt recovery action is not taken.

(b)

In the event of an emergency, the CUPA may take any investigative, regulatory action or recovery action necessary to identify, remedy, or prevent an imminent risk of harm. The responsible person(s) shall be jointly and severally liable to the county for all costs incurred by it in taking any investigative, regulatory action or recovery action except as expressly provided in this chapter.

(c)

Where the CUPA has taken investigative, regulatory action or recovery action to identify, remedy, or prevent an imminent risk of harm to the public health, safety or welfare, domestic livestock, wildlife, or the environment, arising out of any actual or threatened release of any hazardous material of any amount or concentration, a presumption shall arise that an actual or threatened release occurred and that the regulatory action or recovery action was reasonably necessary to prevent an actual or threatened release.

(Ord. No. 6050, § I, 11-5-2013)