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Home My WebLink AboutNS-1947 - Adding Section 18-3 to the Santa Ana Municipal Code, Pertaining to the Recovery of Costs Incurred by the City in the Prevention, Abatement, Mitigation or Confinement of Spills or Releases of Hazardous Substances12/17/87 241 CT:mb(30) ORDINANCE NO. NS-1947 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 18-3 TO THE SANTA ANA MUNICIPAL CODE, PERTAINING TO THE RE- COVERY OF COSTS INCURRED BY THE CITY IN THE PREVENTION, ABATEMENT, MITIGA- TION OR CONFINEMENT OF SPILLS OR RE- LEASES OF HAZARDOUS SUBSTANCES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 18-3, which said section reads as follows: Sec. 18-3. Recovery of costs of emergency response to hazardous substance spills or releases. (a) The expense of an emergency response to any spill or release of a hazardous substance, as hereinafter defined, which poses a significant present threat or potential hazard to human life, property or environment, shall be a charge against the person or entity whose conduct, or that of its employees, agents or contractors, caused or permitted the incident resulting in the emergency response. Said charge shall constitute a debt that is collec- tible by the public agency incurring those costs in the same manner as in the case of an obligation under contract. (b) The charge for an emergency response shall be imposed in accordance with a schedule of fees, pursuant to the recommendation of the Fire Chief of the City of Santa Ana, adopted by resolution of the City Council for the City of Santa Ana, as it may from time to time be amended. Implementation of such an assessment procedure shall not be the exclusive remedy of City for recovery of such costs. The cost imposed pursuant to the schedule of fees shall be reasonably commensurate to the verifiable costs involved in emergency response to and/or prevention, abate- ment, mitigation or confinement of spills or releases of hazardous substances within City limits. The Fire Chief of the City of Santa Ana or his designee shall determine the verifiable costs of the City for emergency response to hazardous substance spills or releases within City limits and shall use such costs to develop a cost recovery schedule of applicable charges necessary to recover City costs for such emergency respon- ses. Said schedule shall be the basis for the Fire Chief's recommendation to the City Council of the City of Santa Ana. 3'42 ORDINANCE NO. PAGE TWO NS- 1947 Payment of any charge hereunder shall not re- lieve a person or entity, it's employees, agents or contractors from compliance with any other applicable law, rule or regulation. (c) The Fire Chief of the City of Santa Ana is hereby designated by City as the person responsible for administering and enforcing this section. (d) For purposes of this section a hazardous sub- stance shall be defined as any material that is identi- fied in: (1) The Code of Federal Regulations, Title 49, ~ 171.8. (2) California Health & Safety Code ~ 25316. (3) California Administrative Code, Title 8, subchapter 7, Group 16 List of Legal Carcinogens. 4) Code of Federal Regulations Title 40, § 261.31-261.33 5) The list of hazardous substances prepared by the Director of the Department of Indus- trial Relations pursuant to Section 6382 of the Labor Code, as set forth in Section 339 of Title 8 of the California Administrative Code, including, but not limited to, carcin- ogens, toxic or hazardous water pollutants, hazardous air pollutants, airborne chemical contaminants, restricted pesticides or toxic materials. 6) The list of hazardous or extremely hazardous wastes prepared by the Director of the Depart- ment of Health Services pursuant to Section 25140 of the Health and Safety Code, as set forth in Section 66680 of Title 22 of the California Administrative Code, including, but not limited to, wastes which could cause death, contribute to an increase in incapacitating or irreversible illness or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed or otherwise managed. 343 ORDINANCE NO. NS-1947 PAGE THREE (7) Or any substance which is known by the business handling it to be likely to pose a significant present or potential hazard to public health, safety or the environ- ment. (e) A material may be added to the list of hazard- ous substances as defined in Section (d) hereof, upon a finding by the Fire Chief of the City of Santa Ana that the material, because of its quantity, concentration or physical or chemical characteristic, poses a significant present threat or potential hazard to human life, property or the environment if released into the community. (f) An emergency response shall be defined as a response by a City department or agency to prevent, abate, mitigate, or confine a spill or release of a hazardous substance within City limits, in order to protect human life, property or the environment from a significant present threat or potential hazard. (g) A release or spill shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, burning, dumping or dis- posing into the environment and/or community. (h) Any person or entity, its employees, agents or contractors who causes, permits or is responsible for a spill or release of a hazardous substance within City limits, upon notification of the same, shall immediately cease all activities causing or likely to cause reoccur- rence or continuation of such spills or releases and shall not resume such activities unless and until so directed by the Fire Chief of the City of Santa Ana or his designee. (i) No person or entity, its employees, agents or contractors shall dispose of or store any hazardous sub- stance on public property, except under direction of the Fire Chief of the City of Santa Ana or his designee. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. · 344 ORDINANCE NO. NS- 1947 PAGE FOUR SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertain- ing shall continue in full force and effect. ADOPTED this ]9th day of January , 1988. ATTEST: C~lenir~eofC't~YCounc~ll /- COUNCILMEMBERS: Young Aye McGuigan Ave Ac os t a Aye Griset Ave Hart Ave May Ave Pulido Absent ~r~Daniel H. Young \ \ Mayor APPROVED AS TO FORM: Edward~. C~oper C i ty Ath-~fey