Visalia Municipal Code Ch. 8.32 Hazardous Materials

In the event of a hazardous material release into or on 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 said release. Costs subject to reimbursement shall not include those of the city for emergency response. (Prior code § 4511)

For purpose of this chapter, the following terms shall be defined as follows:

“City” means the city of Visalia.

“Emergency” means a sudden, unexpected occurrence which poses an unreasonable and imminent risk to life, health or safety of persons, property or to the ecological balance of the environment and requires immediate action by emergency response personnel.

“Emergency response personnel” means any person employed with either the fire and emergency management or police departments of the city or any other emergency related governmental agency having jurisdiction within the city.

“Hazardous materials” means a substance or combination of substances, of any kind whatsoever, which, because of quantity, concentration, physical, chemical or infectious characteristics, may:

1. Cause, or significantly contribute to an increase in mortality, an increase in serious irreversible or incapacitating reversible illness; or

2. 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.

3. Hazardous materials shall include, but are not limited to, any material defined in Section 25501 of Chapter 6.95, Division 20 of the California Health and Safety Code as amended.

“Nonemergency” means an occurrence that is not a life threatening situation, and therefore, does not require the deployment of emergency response personnel.

“Person” means an individual, trust, firm, corporations, joint stock company, partnership, or association, as well as the employer of said person.

“Release or hazardous material release” means accidental or intentional spilling, leaking, pumping, pouring, burning, emitting, employing, or dumping of hazardous materials into or on any land, water, or air, which is unauthorized by federal, state, or local governing agencies or statutes.

“Scene management” means the designated agency or department with the authority to coordinate and direct the containment and cleanup activities of an incident and herein referred to as “scene manager.” (Prior code § 4512)

In the event of an emergency hazardous material release occurring on public or private properties (other than streets or highways) within the limits of the city, the department of fire and emergency management shall be responsible for scene management. In the event of a nonemergency release, responsibility for scene management shall be the most appropriate agency or responsible party designated by the department of fire and emergency management. (Prior code § 4513)

In the event of an emergency hazardous material release occurring on a local street or highway within the limits of the city, the police department or other law enforcing agency having jurisdiction for the affected area, shall be responsible for scene management until containment and clean-up has been performed. In the event of a nonemergency release, responsibility for scene management shall be placed with the most appropriate agency or responsible party as determined by the police department. (Prior code § 4514)

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 department of fire and emergency management of the city. (Prior code § 4515)

In the event of any hazardous material release of any kind, or threat thereof, the department of fire and emergency management of the city 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. (Prior code § 4516)

The costs for services incurred by the city resulting from a hazardous material release shall include, but shall not necessarily be limited to the following: actual labor costs of city personnel, including all fringe benefit 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; and cost of any contract labor as said costs are required to be expended to mitigate the release of said hazardous materials. (Prior code § 4517)

The expense of an emergency response shall be a charge 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. (Prior code § 4518)

In exceptional cases 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 or 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 stay until such appeal has become resolved. Appeal applications must be submitted within ninety (90) days after the billing date. (Prior code § 4519)

The city shall cause to be issued an invoice for the costs incurred in mitigating or causing the mitigation of the effects of a release. Such bill shall be due and payable within fifteen (15) days after the billing date. Failure to pay after sixty (60) days from the billing date shall result in an additional ten percent late charge. Unpaid bills may be referred to a collection process after ninety (90) day delinquency or be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code as amended and shall thereafter be transmitted to the tax collector for collection. Per the discretion of the finance director or his designee, collectible costs can be billed on a periodic basis. (Prior code § 4520)