West Sacramento Municipal Code Art. V Unauthorized Release of Hazardous Materials

As soon as a permittee or employee thereof or any person who is required to have a permit, has reason to conclude that there may have occurred an unauthorized release of a hazardous material, such person shall take all necessary steps to ensure the discovery, containment and clean-up of such release and shall immediately notify the department of the occurrence.

(Ord. 11-3 § 2)

The chief may verify that the hazardous material is being contained and appropriately disposed. Any time the chief has reason to believe that the permittee is not adequately containing and disposing of such hazardous material, the chief may undertake and direct an emergency response in order to protect the public health and safety. For any emergency response, the chief shall inform the clerk of the city council during regular business hours of the next business day.

(Ord. 11-3 § 2)

A. Any person who stores hazardous materials and the owner, lessor and lessee of the property on which the hazardous materials are located (hereinafter "the responsible party") is responsible for the clean-up of any unauthorized or uncontrolled release, shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether sudden or gradual.

B. In the event the chief determines immediate action is necessary and that the responsible party has not undertaken, cannot undertake, or will not undertake such necessary action, the chief may direct the institution of those remedial actions reasonably necessary under the circumstances to protect the health, safety and welfare of the community from the hazards attending the unauthorized release.

C. The responsible party shall be strictly liable to the city for the reimbursement of all costs incurred in the aforesaid remedial action, including, but not limited to, the costs of fighting fires. The lack of either negligence or willfulness of the responsible party in causing or allowing such discharge shall have no bearing on the liability imposed by this section.

D. The permittee and, if different, the person who owns or leases the property upon which the hazardous material is stored shall be both jointly and severally liable to the city for all costs incurred in any remedial action taken by the city pursuant to the provisions of this section. These costs shall constitute a debt payable to the city.

(Ord. 11-3 § 2)

In those cases where the chief directed the institution or remedial action pursuant to Article V, Section 8.18.550 of this chapter, the chief, within ten days of the incident, shall send to the responsible party(ies) a notice of payment due. Payment shall be due within sixty days of the mailing date of the notice of payment due.

(Ord. 11-3 § 2)

The notice of payment due sent to the responsible party(ies) shall contain the following information:

A. A statement of the date and place of the unauthorized release.

B. The cost to the city to remedy the effects of the unauthorized release.

C. A notice advising the responsible party(ies) that he or she is liable for the costs in the amount listed in the notice and that payment to the city to reimburse these costs is due within sixty days of the mailing date of the notice.

D. A notice advising that a penalty of ten percent which may include interest at the rate of one percent per month on the outstanding balance shall be added to the costs from the date that payment is due.

E. A notice advising the responsible party(ies) that if payment costs are not received within ninety days of the due date, a lien may be imposed on the property of the responsible party(ies) pursuant to the provisions of this chapter.

(Ord. 11-3 § 2)

If full payment of the costs is not received within sixty days after notice of payment due was sent pursuant to Article V, Section 8.18.570, an additional request for payment shall be sent to the responsible party(ies). The notice shall state that the responsible party(ies) is liable for the payment of the costs indicated on the notice and if payment of such costs is not received within thirty days of the mailing date of this notice, the chief shall follow the procedures indicated in Article V, Section 8.18.590.

(Ord. 11-3 § 2)

If payment is not received within thirty days following mailing of the additional request, the chief shall report the delinquency to the city council. The entire unpaid balance of the costs, including penalty on the unpaid balance, shall be made, consistent with Section 38771 et seq., of the Government Code, either as a special assessment or an abatement lien against the responsible party's(ies') property. Such charges against delinquent accounts may at the discretion of the city council be exempted from this procedure because of the small amounts involved, or because another procedure is more appropriate.

(Ord. 11-3 § 2)

The continued use of, and permit approval for, existing storage facilities may be subject to inspection whenever there has been any unauthorized release to determine whether continued storage in such storage facility is suitable or whether the permit should be subject to enforcement action. In making such a determination, the chief shall consider the age of the storage facility, the methods of containment, the concentration of the hazardous materials contained, the severity of potential unauthorized release, and the suitability of other long term preventive measures that meet the objectives of this chapter. Enforcement action may be taken by the chief as set forth in this chapter.

(Ord. 11-3 § 2)

The permittee shall indemnify, hold harmless and defend the city against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized release in connection with permittee's operations under this permit except as arises from the city's sole willful act or active negligence.

(Ord. 11-3 § 2)