Winters Municipal Code Art. 2 Hazardous Materials Cleanup

The Winters fire district is authorized to clean up or abate the effects of any hazardous substance or waste deposited upon on into property or facilities within the city; and any person or person show intentionally, negligently or failure to act to cause such deposit shall be liable for the payment of all costs incurred by the city as a result of such cleanup or costs incurred by the city as a result of such cleanup or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law.

(Ord. 85-04 § 1 (part); Ord. 2003-29 § 1)

For purposes of this article "hazardous substance or waste" shall be defined in Section 108125a, 108125b, 108125c, and 108125d of the Health and Safety Code of the state California.

(Ord. 85-04 § 1 (part); Ord. 2003-29 § 2)

For purposes of this article, costs incurred by the city shall include, but shall be limited to, the following: actual labor costs of city personnel, including worker's compensation benefits, fringe benefits, and administrative overhead; cost of equipment operation; cost of materials obtained directly by the city; cost of any contract labor and materials; and cost of legal expenses in recovering the above costs.

(Ord. 85-04 § 1 (part))

The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the fire department.

(Ord. 85-04 § 1 (part))