"City"
means the City of Oroville.
"Corrective action"
includes, but is not limited to, any "remedial action" within the meaning of Section 25322 of the Health and Safety Code and any "removal" within the meaning of Section 25323 of the Health and Safety Code.
"Hazardous waste and substance control laws"
means Chapter 6.5 (commencing with Section 25100) or Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code or any permit, rule, regulation, standard or requirement issued or promulgated pursuant to such chapters.
"Hazardous waste or substance"
means a waste or substance that consists of a material listed in either the list of chemical names or the list of common names appearing in Section 66680 of Title 22 of the California Code of Regulations, a waste or substance as defined in either Section 25280, Section 25316 or Section 25400 of the Health and Safety Code.
"Person"
has the meaning assigned to that term by Section 25118 of the Health and Safety Code.
"Release"
has the meaning assigned to that term by Section 25320 and Section 25321 of the Health and Safety Code.
"Unauthorized disposal or release"
means any disposal of a hazardous waste or substance which is in violation of the provisions of Chapter 6.5 of Division 20 of the Health and Safety Code, any "unauthorized release" within the meaning of Section 25280 of the Health and Safety Code, or any release of a hazardous waste or substance which is not "a release authorized" or permitted within the meaning of Section 25326 of the Health and Safety Code.
(Ord. 1588 § 1)
If the city takes any corrective action which, in the judgment of either the fire chief or his/her appointed officer, is reasonably necessary to remedy or prevent an imminent substantial danger to public health, domestic live-stock, wildlife or the environment arising out of any unauthorized disposal or release of any hazardous waste or substance, the following described persons shall be jointly and severally liable to the city for the cost incurred by it in taking such corrective action:
A. 
The person or persons whose negligent or wilful act or omission proximately caused such disposal or release;
B. 
The person or persons who owned or had custody or control of the hazardous waste or substance at the time of such disposal or release, without regard to fault or causation; and
C. 
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 disposal, or release, without regard to fault or causation.
(Ord. 1588 § 1)
If the fire chief or the fire chief's appointed officer issues a lawful order directing any person who has violated or is in violation of any provision of the hazardous waste or substance control laws to take corrective action respecting such violation, and if such person does not take such corrective action on or before the date and time specified in the order, the city may take or contract for the taking of such corrective action and the person to whom the order was directed shall be liable to the city for all costs incurred by it in taking or contracting for the taking of such corrective action. If such person does take corrective action, that person shall be liable to the city for all costs incurred by it in supervising such corrective action or otherwise verifying compliance with the order.
(Ord. 1588 § 1)
The costs referred to in Sections 8.12.020 and 8.12.030 shall include, in addition to the city's direct out of pocket expenses, the cost of all city personnel engaged in such work computed in accordance with the city's standard accounting procedures for computing hourly cost of service by such personnel and any other costs or fees set by resolution of the city council.
(Ord. 1588 § 1)