A.
Those expenses of an emergency response action necessary to protect the public health and/or safety, or to prevent a substantial danger to the environment incurred by the city to confine, prevent or mitigate the release, escape or burning of any hazardous substance, hazardous waste or flammable material are a charge against any person whose conduct causes the emergency condition(s). The charge created against the person by this subsection is also charged against the person's employer, if the conduct causing the emergency condition(s) occurs in the course of the person's employment.
B.
Those expenses of an emergency response action necessary to protect the public health and/or safety or to prevent a substantial danger to the environment incurred by the city to confine, prevent or mitigate the release or escape of any hazardous substance, hazardous waste or flammable material are a charge against any person who causes such emergency condition(s) by violation of any law relating to the generation, transportation, treatment, storage, recycling, disposal or handling of such hazardous substance, hazardous waste or flammable material, including, but not limited to, the provisions of Chapters 6.5 to 6.7 of Division 20 of the California Health Code, or any permit, rule, regulation, standard or requirement issued or adopted pursuant thereto.
C.
Persons who may be liable pursuant to subsections A and B of this section shall include, but not be limited to: present or prior owners, lessees or operators of the property where the hazardous substance, hazardous waste or flammable material is located and producers, transporters or disposers of such hazardous substance, hazardous waste or flammable material.
D.
Expenses reimbursable to the city pursuant to this section are a debt of the person liable therefor, and shall be collectable in the same manner as in the case of an obligation under contract, express or implied.
E.
The meaning of all terms in the section, not otherwise defined, shall be as set forth in the California Health and Safety Code.
H.
"Flammable material" means any material which constitutes a flammable material pursuant to the currently adopted Uniform Fire Code, which has been adopted by reference, with certain exceptions, by the city.
I.
Expenses reimbursable to the city pursuant to this section include, but are not limited to: personnel costs, costs of equipment usage, the cost of supplies, contract service costs, administration and overhead costs and the cost of legal services incurred in the emergency response action. Actions which may be taken in an emergency response action include, but are not limited to: prevention, suppression, extinguishment, abatement, removal, disposal, cleanup, mitigation, transportation, temporary storage and all activities reasonably related thereto, including: testing, sampling and staff work necessary to assess, evaluate and characterize the emergency condition and to formulate appropriate plans for corrective actions.
J.
Whenever emergency response expenses have been incurred for the purpose specified in subsections A or B of this section, the city shall calculate the amount of expenses incurred, identify the person or persons liable for reimbursement, and promptly send out an invoice of all appropriate charges to all responsible parties. If said charges are not paid within 30 days from the date of the invoice, said matter may be referred to the city's attorney, who shall be authorized to take all appropriate action, including bringing suit, for collection of the charges.
1.
The city may seek reimbursement for costs incurred by other entities under this chapter. The city may also designate other entities to recover costs incurred under this chapter for and on behalf of the city.
(Ord. 1864 §2, 2012)