(A) 
Any person who has knowledge or observes any release of a hazardous material which they know or reasonably suspect to be unauthorized shall report the known or suspected instance of unauthorized release to the Health Officer immediately or as soon as practically possible.
(B) 
A report of a known or suspected instance of an unauthorized release shall include the name of the person or business making the unauthorized release if known to the reporter, the location, date and time of the unauthorized release, and any other information requested by the Health Officer, including information that led that person to suspect the unauthorized release.
(C) 
The identity of all persons who report under this section shall be confidential and disclosed only between emergency response personnel, or to the District Attorney or other counsel prosecuting a criminal or civil action initiated pursuant to this chapter, or to persons or agencies to whom disclosure is required by law, or when those persons waive confidentiality, or by court order.
(D) 
No person who reports a known or suspected unauthorized release shall be civilly or criminally liable for any report required by this section, unless it can be proven that a false report was made and the person knew that the report was false.
(E) 
No person or business shall discharge, discipline, or in any other manner retaliate against any person because such person reported a known or suspected unauthorized release of a hazardous material pursuant to this section.
(F) 
Any unauthorized release from the primary containment which the user is able to clean up within eight hours after the release was detected or should reasonably have been detected and which does not escape from the secondary containment, does not increase the hazard of fire or explosion, and does not cause any deterioration of the secondary containment, shall be recorded on the user's monitoring record. Such unauthorized release shall be reported to the Health Officer within five business days.
(G) 
Any unauthorized release which escapes from the secondary containment, or from the primary containment, if no secondary containment exists, increases the hazard of fire or explosion, or causes any deterioration of the secondary containment shall be reported by the user to the Health Officer immediately after the release has been detected or should have been detected. A full written report shall be transmitted by the user within five working days of the occurrence of the release.
(H) 
The Health Officer shall review the permit whenever there has been an unauthorized release or when the Health Officer determines that the facility is unsafe. In determining whether to deny, amend, suspend, or revoke the permit, the Health Officer shall consider the age of the storage facility, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous materials stored in the storage facility, the severity of potential unauthorized releases, and the suitability of any long-term preventive measures which would meet the requirements of this chapter.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
(A) 
Any person or entity responsible for using or storing a hazardous material shall institute and complete all actions necessary to remedy the effects of any unauthorized release, whether sudden or gradual. In the event of an unauthorized release, the Health Officer may require:
(1) 
That the user conduct monitoring to establish whether there is environmental contamination as a result of the release, in a manner, and by persons, satisfactory to the Health Officer;
(2) 
That the user pay the costs of a consultant of the County's choosing to evaluate testing and removal activities; and
(3) 
Removal of the hazardous material and contaminated environmental media.
(B) 
The Health Officer may undertake any and all actions necessary to remedy the effects of any unauthorized release if they determine that it is reasonable under the circumstances to do so. The responsible party shall be liable to reimburse the County for all costs incurred by the County in remedying the effects of such unauthorized release, including the costs of fighting fires to the extent allowed by law. This responsibility is not conditioned upon evidence of willfulness or negligence of the party storing the hazardous material in causing or allowing such release.
(C) 
Neither the County nor any responsible party who undertakes action to remedy the effects of any unauthorized release shall be barred by this chapter from seeking to recover appropriate costs and expenditures from other responsible parties unless otherwise excluded by this chapter or State law.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)
As a condition of the issuance of a permit under this chapter, the Health Officer shall require the permittee to agree in writing to reimburse the County for all costs incurred by the County to remedy the effects of any unauthorized release, as specified in SCCC § 7.100.280.
(Ord. 4521 § 2, 1998)
As a condition of the issuance of a permit under this chapter, the Health Officer shall require the permittee to agree in writing to indemnify, hold harmless and defend the County against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized discharge in connection with permittee's operations under the permit, except as arises from the County's sole willful act or sole active negligence.
(Ord. 4521 § 2, 1998; Ord. 5306 § 3, 2019)