Tulare Municipal Code Ch. 3.16 Hazardous Materials

In the event of a hazardous material release into or upon any land, water or air within the city, responsibility for scene management shall be the most appropriate agency or responsible party, as set forth in this chapter. The costs incurred by the city in cleaning up (mitigating) the effects of such a release shall be reimbursed by the person, firm or corporation found to be the responsible party for causing the release: Costs subject to reimbursement shall include those of the city for emergency response.

(1995 Code, § 3.16.010) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

For the purpose of this chapter, the following terms shall apply.

CITY. The City of Tulare.

EMERGENCY. A sudden, unexpected occurrence which poses an unreasonable and imminent risk to life, health or safety of person, property or to the ecological balance of the environment and requires immediate action by emergency response personnel.

EMERGENCY RESPONSE PERSONNEL. Any person employed with either the Fire or Police Department of the City of Tulare or any other emergency-related governmental agency having jurisdiction within the City of Tulare.

HAZARDOUS MATERIAL. A substance or combination of substances, of any kind whatsoever, which, because of quantity, concentration, physical, chemical or infectious characteristics, may result in the following conditions:

(A) May cause or significantly contribute to an increase in mortality, an increase in serious irreversible or incapacitating reversible illness; and/or

(B) May pose an unreasonable and imminent risk to the life, health or safety of persons, property or to the ecological balance of the environment when improperly released, treated, stored, transported, disposed of or otherwise managed.

HAZARDOUS MATERIALS. Any material defined in Cal. Health and Safety Code § 25501 of Chapter 6.95, Division 20.

NONEMERGENCY. An occurrence that is not a life-threatening situation and, therefore, does not require the deployment of emergency response personnel.

PERSON. An individual, or any business entity, including but not limited to a trust, firm, corporation, joint stock company, partnership, association or the employer of the person.

RELEASE or HAZARDOUS MATERIALS RELEASE. The accidental or intentional spilling, leaking, pumping, pouring, burning, emitting, employing or dumping of hazardous materials into or upon any land, water or air which is unauthorized by federal, state or local governing agencies or statutes.

SCENE MANAGEMENT. The coordination and direction of personnel and equipment involved in the containment and cleanup activities of an incident.

(1995 Code, § 3.16.020) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

In the event of an emergency release of a hazardous material on public or private property, excluding street rights-of-way, within the limits of the City of Tulare, the Fire Department shall be responsible for scene management. In the event of a nonemergency release of hazardous material, the Fire Department may designate another more appropriate agency to manage the incident.

(1995 Code, § 3.16.030) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

In the event of an emergency or nonemergency release of a hazardous material on street rights-of-way contained within the limits of the city, the Fire Department shall have responsibility for scene management on all locally owned rights-of-way. Scene management of all state owned and maintained rights-of-way, including Freeway 99, shall be the responsibility of the California Highway Patrol.

(1995 Code, § 3.16.040) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

An emergency situation created by a hazardous material release which poses an imminent risk to the life, health or safety of persons, property or to the ecological balance of the environment shall be mitigated in the manner prescribed and pursuant to the direction of the Fire Department.

(1995 Code, § 3.16.050) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

In the event of any hazardous material release of any kind, or threat thereof, the Fire Department shall be notified immediately of the location, nature of release and any proposed course of action to mitigate the effects of the release or to prevent the release from occurring. Notification is necessary for the purpose of maintaining records of incidents and exposures occurring within the city.

(1995 Code, § 3.16.060) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

The costs for services incurred by the city resulting from a hazardous material release shall include, but not be limited to, the following: actual labor costs of city personnel, including all fringe benefits costs; temporary or permanent disability and/or medical expenses; administrative overhead; costs of equipment operation, repair or replacement; costs of material obtained directly by the city; cost of any contract labor; and any other reasonably related cost expended to mitigate the release.

(1995 Code, § 3.16.070) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

The expense of an emergency response may be charged against the person liable for expenses under this chapter. The charge constitutes a debt of that person and is collectible by the city or other public obligation under a contract, expressed or implied.

(1995 Code, § 3.16.080) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

In exceptional situations where it is difficult or impossible to comply with the strict letter of this chapter, any person, firm or corporation shall have the option to apply for an exemption from any provision of this chapter to the City Manager or designee. The City Manager/designee shall exercise those powers in such a way that the public welfare is secured. If an appeal has been initiated, the billing process will continue until the appeal is resolved. Appeal applications must be submitted within 90 days after the billing date.

(1995 Code, § 3.16.090) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)

The city's Finance Department shall issue an invoice for the costs incurred in mitigating or causing the mitigation of the effects of a release. Payment shall be due and payable within 15 days after the billing date. Failure to pay after 60 days from the billing date shall result in an additional ten percent late charge. Unpaid bills may be referred to a collection agency after 90-days' delinquency or be assessed against the parcel of land involved in the incident pursuant to Cal. Gov’t Code § 38773.5 and shall thereafter be transmitted to the Tax Collector for collection.

(1995 Code, § 3.16.100) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)