Windsor Municipal Code Art. 6 Remedial or Corrective Action

a. The following described persons are considered "responsible persons" for the purposes of this chapter and shall be jointly and severely liable to the Town for all costs incurred by it in taking any investigative or corrective action:

1. The person or persons to whom any order directing corrective action is issued.

2. The person or persons whose negligent or willful act or omission proximately caused any actual or threatened disposal or release of a hazardous substance.

3. The person or persons who owned or had custody or control of the hazardous waste or substance at the time of such actual or threatened disposal or release without regard to fault or proximate cause.

4. The person or persons who owned or had custody or control of the container which held such hazardous waste or substance at the time of, or immediately prior to, such actual or threatened disposal or release without regard to fault or proximate cause.

Responsibility under this article is not conditioned upon evidence of willfulness, negligence, fault or proximate cause in causing or allowing such actual or threatened release of hazardous substances, except at provided in paragraph b. below. "Costs" incurred in taking corrective action include but are not limited to the reasonable cost for equipment and personnel, laboratory fees, administrative costs, court costs, witness fees and attorney's fees.

b. If the person or persons described in paragraph a. above are liable to the Town pursuant to that subsection solely because the person or persons are landowners on whose property hazardous substances were located, that person shall not be liable for the cost of the emergency response if the person demonstrates that (1) the hazardous material was placed on the land subsequent to the landowner's purchase of the property without the knowledge or consent of the landowner or any lessee of the landowner; and (2) the landowner has not subsequently acquiesced in the presence of the material. The landowner shall remain liable for any and all costs incurred beyond the Town's emergency response in remedying or preventing the unauthorized disposal or release of the hazardous material.

a. The operator, owner or handler of a hazardous materials storage facility shall, upon discovery, immediately report any release or threatened release of a hazardous material to the Administrative Authority, and State Officer of Emergency Services, in accordance with this chapter and State law and regulations. Each operator, owner or handler shall provide all State, City or County fire or public health or safety personnel and emergency rescue personnel with access to the facilities.

b. Where a discrepancy exists between a handler's inventory of hazardous materials and the actual presence of hazardous materials at the facility and the discrepancy cannot be accounted for by the lawful use or disposal of the hazardous materials, a presumption shall arise of a release. The handler shall report the discrepancy to the Administrative Authority immediately. The operator, owner or handler shall immediately initiate an attempt to located the cause of the release.

c. The operator, owner or handler shall institute and complete all actions necessary to remedy the effects of an actual or threatened release. The operator, owner or handler shall reimburse the Town all costs incurred by the Town in responding to such an actual or threatened release within thirty (30) days of submission of an invoice. This responsibility is not conditioned upon evidence of willfulness or negligence of the operator, owner or handler in causing or allowing such release.

d. The reporting requirements of this section are in addition to any requirements which may be imposed by other laws and regulations.

a. The Administrative Authority may take any corrective or remedial action reasonably necessary to identify, remedy or prevent an immediate threat of danger to the public health or safety, domestic livestock, wildlife, or the environment arising out of any actual or threatened disposal or release of any hazardous material. The responsible person or persons shall be jointly and severally liable to the Town for all costs incurred by it in taking any corrective or remedial action except as provided in paragraph b. of Section 13-1-600.

b. The Administering Agency shall establish an area plan for emergency response to a release or threatened release of a hazardous material within its jurisdiction.

c. The Area Plan delineates areas of responsibility for regulatory and governmental agencies. In the event of a situation where the responsible agency is unable to respond to mitigate an emergency, the Incident Commander, in corroboration with technical assistance available at the scene, will assume the responsibility and make the best decision possible to mitigate and terminate the incident.

The Administrative Authority shall review the permit whenever there has been an actual or threatened release or when it is determined that any underground storage tank is unsafe. In determining whether to modify or terminate the permit, the Administrative Authority shall consider the age of the storage system, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous materials stored, the severity of potential unauthorized releases, and the suitability of any other long-term preventative measures which would meet the requirements of this chapter.

Corrective action includes, but is not limited to, suspension or revocation of a permit, an order to cease noncompliance with the terms or conditions of a permit, an order to correct a condition, or cease a practice, or modify a business plan.

A permit may be subjected to corrective action for any of the following causes, arising from acts or omissions of the permittee, either before or after a permit is issued:

a. Fraud, willful misrepresentation, or any willful, inaccurate or false statement in applying for a new or renewed permit.

b. Fraud, willful misrepresentation, or willful, inaccurate or false statement in any report required by this chapter.

c. Failure to abate, correct or rectify any noncompliance within the time specified in the notice of compliance.

d. Failure to correct conditions constituting an unreasonable risk of any actual or threatened disposal or release of hazardous materials within a reasonable time after notice from any governmental entity.

e. Failure to abide by the corrective action imposed by the Administrative Authority.

f. Failure to pay fees established by this chapter.

a. Except as set out in Section 13-1-610, if the Administrative Authority determines that there has been a violation of this chapter, and remedial action is required to correct that violation, the Administrative Authority shall issue a notice of noncompliance in conformance with the requirements of Section 13-1-630 prior to instituting remedial action.

b. The responsible person or persons shall institute and complete all actions necessary to remedy the effects or prevent an actual or threatened release, within the time specified by the Administrative Authority. The Town may take such action as necessary to remedy the release. Remedial action may include, but is not limited to, abating the actual or threatened release as a public nuisance and recovering the costs of any remedial action through a lien on the property.

c. If any corrective action is taken by, or contracted for, by the Town, the responsible person or persons shall be liable to the Town for the cost incurred by it in taking or contracting for such corrective action. If such corrective action is taken by the responsible person or by such person's agent, the responsible person shall be liable to the Town for the Town's cost of supervising such corrective action or otherwise verifying compliance with the order.

d. If there has been any release as defined in this chapter or subdivision (a) of Section 25295 of the Health and Safety Code from an underground storage tank containing motor vehicle fuel not under pressure, the permit holder may repair the tank once in accordance with State regulations.

e. The Administrative Authority's determination of liability lies within the jurisdiction of the Appeals Board.

a. The notice of noncompliance shall:

1. Identify the property on which the condition exists.

2. Describe the condition to be remedied.

3. State the legal basis for issuance of the notice.

4. State the time within which the condition shall be remedied.

b. The notice shall also inform the recipient that failure to remedy the condition as directed may result in the Town taking further corrective or remedial action. Such corrective action may include, but is not limited to, suspension, modification or revocation of a permit, or institution of abatement or other proceedings by the Town to correct the condition.

c. The notice shall contain the definition of "responsible party" and "costs" set out in Section 13-1-600 and shall inform the recipient that the Town may recover the cost of any remedial action through a lien on the property.

d. The notice shall inform the person to whom it is directed that he or she may have the right to a hearing before the Appeals Board regarding the subject of the notice and shall inform the recipient how to file an appeal.

e. Notice shall be sent by first class mail or hand delivered to the permittee or violator.

Invoices submitted by the Town for services rendered pursuant to this article shall be paid within thirty (30) days thereof.

a. No person shall permanently or temporarily cease operating a hazardous materials storage facility except as provided in this section (see Section 13-1-335).

b. Every landowner upon whose land an abandoned facility is located shall, within ninety (90) days of the passage of this chapter, file a plan for the closing, removing or upgrading and permitting of such facility. Any such closure plan shall conform to the standards specified in paragraph e. below. When an abandoned facility is discovered and the landowner did not have actual notice or constructive notice of its existence, a plan shall be submitted within ninety (90) days of the date upon which the landowner knows or should have known of the existence of the facility.

c. A hazardous materials storage facility which is temporarily taken out of service, but which the owner, operator or handler intends to return to use, shall continue to be subject to all the permit, inspection and monitoring requirements of this chapter and State requirements.

d. No underground hazardous materials storage tank shall be closed unless such closure complies with this chapter and all State requirements.

e. An owner, operator or handler shall apply for approval to close any storage facility at least thirty (30) days prior to the proposed termination date of the storage of hazardous materials. Closure shall not begin until the application and required plan is approved by the Administrative Authority. The application shall include a plan which will address at least the following:

1. Elimination of the need for further maintenance of the facility.

2. Elimination of any threat to the public health and safety and the environment that otherwise might arise from any residual amounts of hazardous materials left in or adjacent to the facility.

3. Demonstration that the hazardous materials stored in the facility have been or will be transported, disposed of, or reused in an appropriate and safe manner in conformance with this chapter and State and Federal law.

NOTE: The thirty (30) day period may be waived or shortened in the discretion of the Administrative Authority.

a. Operators, owners or handlers of underground hazardous materials storage tanks may apply for categorical or site-specific variances in accordance with State regulations.

b. Applicants under this section shall pay a fee to, and determined by, the State Water Qualify Control Board.