O 344 C.S.
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ORDINANCE NO. 344 C. S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
ADDING CHAPTER 10 TO TITLE 6 RELATING
TO HAZARDOUS MATERIALS AND SUBSTANCES
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1:
This ordinance, Chapter 10 of Title 6, is to establish liability for
reimbursement of the City's expenses incurred in corrective, action necessitated
by unauthorized release, threatened release, discharge or deposits of hazardous
materials that pose a present and potential risk to health, life or safety of
persons or property or to the ecological balance of the environment.
SECTION 2:
That Chapter 10 of Title 6 is added to the Arroyo Grande Municipal
Code to read in its entirety as follows:
SECTION 6-10.01 - General Obliqation - Safety and Care.
(a) No person, firm, or <:orporation .shall cause, suffer or permit the
release, or threatened release, discharge or deposit of hazardous materials
in a manner which violates any provision of this Chapter or any local, fed-
eral or state statute, code, rule or regulation relating to hazardous ma-
terials, or in a manner which causes present or potential risk or danger
to health, life or safety of persons or property, or the ecological balance
of the environment.
(b) The various departments of the City are authorized to remove or abate
or cause the removal or abatement.of the effects of any hazardous material
release, or threatened release, discharge, or'deposit, when such action would
be appropriate and consistent with achieving the general obligation for pro-
tecting public health, safety and welfare aa an emergency matter to protect
life, property or the environment.
SECTION 6-10.02 - Specific Obliqations. I
(a) Any person, firm, or corporation who owned or had custody or control
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of the hazardous material or substance at the time of release, or threatened I
release, discharge or deposit shall be jointly and severally liable to the
City for all costs incurred by the City in taking any corrective or reme-
dial action, without regard to fault or proximate cause.
(b) Any person, firm, or corporation who owned or had custody or control
of the container which held the hazardous material at the time of the re-
lease, or threatened release, discharge, or deposit, shall be jointly and
severally liable to the City for all costs incurred by the City in taking
any corrective or remedial action, without regard to fault or proximate
cause.
SECTION 6-10.03 - Definitions.
Unless otherwise expressly stated, whenever used in this Chapter, the fol-
lowing terms shall have the meaning set forth below:
(a) "Hazardous Materials" means any material listed as a hazardous and/or
extremely hazardous material or hazardous and/or extremely hazardous waste
in Sections 66680 and 66685 of Title 22 of the California Administrative
Code, as amended, whether such material is stored in waste or non-waste !
form; or
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ORDINANCE NO. 344
(1) A waste or substance that is hazardous according to the cri-
teria set forth in Article 11 (commencing with Section 66693) of Chapter
30 of Division 4, Title 22 of the California Administrative Code, or any
hazardous substance as defined in either Section 25280, Section 25316 or .
Section 25400 of the Health and Safety Code, or
(2) Any material which is listed on the list of Environmental Pro-
tection Agency (EPA) pollutants, 40 code of Federal Regulations, Section
401.15, as amended, or
(3) Any material which is classified by the National Fire Protec-
tion Association (NFPA) as either a flammable liquid, a Class II combustible
liquid or a Class III combustible liquid; or
(4) Any material which is listed by the Director of the Department
of Industrial Relations in Title 8, California Administrative Code, Section
339, as amended; or
(5) A substance or product for which the manufacturer or producer
is required to prepare a MSDS for the substance or product pursuant to the
Hazardous Substance Information and Training Act (Chapter 2.5 - Commencing
with Section 6360) or Part I of Division 5 of the Labor Code) or pursuant
to any applicable Federal Law or regulation; or
(6) The substance or material is listed as a radioactive material
in Appendix B of Chapter I of Title 10 of the Code of Federal Regulations,
maintained and updated by the Nuclear Regulatory Commission; or
(7) The substance or material is listed pursuant to Title 49 or
the Code of Federal Regulations;
(8) The material is listed in Subdivision (b) of Section 6382 of
the Labor Code, or
(9) Any material or substance that because of its quantity concen-
tration, or physical or chemical characteristics, poses a present or po-
tential hazard to human health and safety or to the environment if released
into the community or the environment.
(b) "Release" means any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping or depositing
into the environment, unless permitted or authorized by a regulatory agency.
(c) "Discharge" has all the meanings listed under release for the purpose
of establishing liability for reimbursement of all City expenses necessitated
by unauthorized release of a hazardous material.
(d) "Deposit" has all the meanings listed under release for the purpose of
establishing liability for reimbursement of all City expenses necessitated by
the unauthorized release of a hazardous material.
(e) "Corrective Action" includes, without limitation, 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,
as amended.
(f) "Threatened Release" means a condition creating a substantial probabil-
ity of harm, when the probability and potential extent of harm make it rea-
sonably necessary to take immediate action to prevent, reduce, or mitigate
damages to persons, property or the environment.
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ORDINP.NCE NO. 344
SECTION 6-10.04 - Liability for Unauthorized Release.
Any person, firm, or corporation res~onsible for the hazardous material, as
defined in Section 6-10.03 of this Article, shall institute and complete all
actions necessary to remedy the effects of any unauthorized release, whether
sudden or gradual. The City shall undertake action to remedy the effects of
such unauthorized release, only if the City Manager or hisfher authorized re-
presentative determines that it is reasonably necessary to do so as defined
in Section 6-10.01. The responsible person, firm or corporation shall be
liable to reimburse the City for all costs incurred by the City in remedying
the effects of such unauthorized releases, or threatened release, including
the costs of fighting fires to the maximum extent allowed by law. This re-
sponsibility is not conditioned upon evidence of willfulness or negligence
of the party responsible for the hazardous material(s) in causing or allowing
such release. The City may take or contract for the taking of correctiv~
action. If such corrective action is contracted for by the City, the person,
firm or corporation responsible for the unauthorized release, or threatened
release shall be liable to the City for all costs incurred for contracting
such corrective action, If the corrective action is taken by the person,
firm or corporation responsible for the release, as defined in Section 6-10.
02(a) and Section 6-l0.02(b), cost incurred by the City for supervising such
corrective action and verifying that full and complete compliance with all
laws, rules and regulations is made. The amount of all City costs required
by this Article shall be recoverable in a civil action by the City and shall
be in addition to any other fees or penalties authorized by law.
SECTION 6-10.05 - Computation and RecoVery Costs.
The costs referred to in Section 6-l0.02(a) and 6-10.02(b) shall include in
addition to the City's direct out-of-pocket expenses, the cost of all City
personnel and equipment engaged in such actions, computed in accordance with
the City's standard accounting procedures.
SECTION 3:
A summary of this ordinance shall be published and circulated in
said City at least five (5) days prior to the City Council meeting at which
the proposed ordinance is to be adopted. A certified copy of the full text
of the proposed ordinance shall be posted in the office of the City Clerk.
Within fifteen (15) days after adoption of the ordinance, the sununary with
the names of those City Council Members voting for or against the ordinance
shall be published again, and the City Clerk shall post a certified copy of
the full text of such adopted ordinance.
On motion of Council Member Ga 11 agher, seconded by Council
Member Johnson, and on the following roll call vote, to wit:
AYES: Mayor Smith and Councilmembers Gallagher, Johnson, Moots and Porter
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted this 22nd day of Apri 1 ,
1986.
MAYOR
ATTEST:
CITY CLERK
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