Chapter 8.12
HAZARDOUS MATERIALS RELEASE
Sections:
8.12.010 Assumption of responsibility.
8.12.020 Applicability of penalties.
8.12.030 Discovery and report of release of hazardous material.
8.12.040 Violation of reporting requirements – Penalties.
8.12.050 Civil liability for violations – Assessment of costs.
8.12.060 Civil liability to administering agency – Administrative civil penalty.
8.12.070 Complaint by administering agency.
8.12.080 Minimal storage permit.
8.12.090 Emergency response plan adopted.
8.12.110 Fees established by resolution.
8.12.120 Management of scene of a hazardous spill.
8.12.130 Definitions and coordination.
8.12.010 Assumption of responsibility.
The City of Healdsburg does hereby assume responsibility for the implementation of the provisions of Chapter 6.95, Division 20, of the California Health and Safety Code and designates the Healdsburg fire department as the administering agency responsible for administering and enforcing such provisions of said Chapter 6.95 within the boundaries of the City of Healdsburg. (Ord. 868 § 2, 1991.)
8.12.020 Applicability of penalties.
As provided in Section 25502(b) of the California Health and Safety Code, the schedule of fines and imprisonment set forth in Section 25515 of the California Health and Safety Code are incorporated herein as HMC 8.12.040, shall continue to be specifically applicable to persons and businesses within the boundaries of the City of Healdsburg, and any person or business who violates HMC 8.12.030 shall be subject to the penalties specified in HMC 8.12.040. (Ord. 868 § 3, 1991.)
8.12.030 Discovery and report of release of hazardous material.
A. Except as provided in subsection (B) of this section, the handler or any employee, authorized representative, agent, or designee of a handler shall, upon discovery, immediately report any release or threatened release of a hazardous material to the administering agency, and to the office, in accordance with the regulations adopted pursuant to Section 25503 of the California Health and Safety Code. Each handler and any employee, authorized representative, agent, or designee of a handler shall provide all state, City or county fire or public health or safety personnel and emergency rescue personnel with access to the handler’s facilities.
B. Subsection (A) of this section does not apply to any person engaged in the transportation of a hazardous material on a highway which is subject to, and in compliance with, the requirements of Section 2453 and 23112.5 of the Vehicle Code of California. (Ord. 868 § 4, 1991.)
8.12.040 Violation of reporting requirements – Penalties.
Any person or business who violates HMC 8.12.030 shall, upon conviction, be punished by a fine of not more than $25,000 for each day of violation, or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. If the conviction is for a violation committed after a first conviction under this section, the person shall be punished by a fine of not less than $2,000 or more than $50,000 per day of violation, or by imprisonment in the state prison for 16, 20, or 24 months or in the county jail for not more than one year, or by both the fine and imprisonment. Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or City is required to respond, the person shall also be assessed the full cost of the county or City emergency response, as well as the cost of cleaning up and disposing of the hazardous materials. (Ord. 868 § 5, 1991.)
8.12.050 Civil liability for violations – Assessment of costs.
A. Any business that violates Sections 25503.5 to 25505, inclusive, or Sections 25508 to 25510 of the California Health and Safety Code, inclusive, shall be civilly liable to the administering City in an amount of not more than $2,000 for each day in which the violation occurs. If the violation results in, or significantly contributes to, an emergency, including a fire, the business shall also be assessed the full cost of the county or City emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.
B. Any business that knowingly violates Sections 25503.5 to 25505, inclusive, or Sections 25508 to 25510 of the California Health and Safety Code, inclusive, after reasonable notice of the violation shall be civilly liable to the administering City in an amount not to exceed $5,000 for each day in which the violation occurs. (Ord. 868 § 6, 1991.)
8.12.060 Civil liability to administering agency – Administrative civil penalty.
A. Notwithstanding HMC 8.12.050, any business which violates this chapter is civilly liable to the City for an administrative civil penalty in an amount which shall be set by the governing body of the City, but not greater than $2,000 for each day in which the violation occurs. If the violation results in, or significantly contributes to, an emergency, including a fire or health or medical problem requiring toxicological, health, or medical consultation, the business shall also be assessed the full cost of the county, City, fire department, local EMS agency, designated pursuant to Section 1797.200 of the California Health and Safety Code, or poison control center, as defined by Section 1797.97 of the California Health and Safety Code, emergency response, as well as the cost of cleaning up and disposing of the hazardous materials or acutely hazardous materials.
B. Notwithstanding HMC 8.12.050, any business that knowingly violates this chapter after reasonable notice of the violation is civilly liable for an administrative penalty in an amount which shall be set by the governing body of the administering agency, but not greater than $5,000 for each day in which the violation occurs.
C. An administering agency shall collect the penalty imposed by this section pursuant to HMC 8.12.070.
D. A penalty shall not be recoverable pursuant to this section and HMC 8.12.050 for the same violation.
E. The purpose of this section and HMC 8.12.070 is to provide the City with an alternative and effective means of enforcing public laws on the handling of hazardous materials and acutely hazardous materials.
F. In assessing the civil penalty, the administering agency shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.
G. In all civil penalties collected pursuant to this section, the amount of $200.00 shall first be deducted from the amount of the penalty. This $200.00 shall be deposited in the hazardous material and waste enforcement training account established by Section 25515.2 and shall be available for expenditure pursuant to Section 25515.2(c) of the California Health and Safety Code.
H. Notwithstanding Section 25515.2 of the California Health and Safety Code, after payment of the $200.00 for the hazardous material and waste enforcement training account, all penalties collected pursuant to this section shall be apportioned in the following manner:
1. Seventy-five percent to the administering agency which shall reimburse the local EMS agency, as designated pursuant to Section 1797.200 of the California Health and Safety Code, or the poison control center, as defined by Section 1797.97 of the California Health and Safety Code, for that portion of the penalty designated for the expenses of the local EMS agency or poison control center, respectively.
2. Twenty-five percent to the principal agency which assisted the administering agency in its investigation. (Ord. 868 § 7, 1991.)
8.12.070 Complaint by administering agency.
A. Notwithstanding Section 25516.1 of the California Health and Safety Code, the City may issue a complaint to any person on whom civil liability may be imposed pursuant to Section 13009.6 of the California Health and Safety Code or HMC 8.12.050 or 8.12.060. The complaint shall allege the acts or failures to act that constitute a basis for liability and the amount of the proposed civil liability. The complaint shall be served by personal service or certified mail and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served, unless the party waives the right to a hearing. If the party waives the right to a hearing, the administering agency shall issue an order setting liability in the amount proposed in the complaint unless the administering agency and the party have entered into a settlement agreement, in which case the administering agency shall issue an order setting liability in the amount specified in the settlement agreement. Where the party has waived the right to a hearing or where the administering agency and the party have entered into a settlement agreement, the order shall not be subject to review by any court or agency.
B. After conducting any hearing required under this section, the administering agency shall, within 30 days after the case is submitted, issue a decision, including an order setting the amount of civil penalty to be imposed.
C. Orders setting civil liability issued under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance. Copies of these orders shall be served by personal service or by certified mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.
D. Within 30 days after service of a copy of a decision issued by the administering agency, any person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within this 30-day period may not challenge the reasonableness or validity of a decision or order of the hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies. Except as otherwise provided in this section, Section 1094.5 of the California Code of Civil Procedure shall govern any proceedings conducted pursuant to this subsection. In all proceedings pursuant to this subsection, the court shall uphold the decision of the administering agency if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any accrual of any penalties assessed pursuant to this chapter. This subsection does not prohibit the court from granting any appropriate relief within its jurisdiction.
E. This section applies only to an administering agency which has adopted a written policy to carry out this section. (Ord. 868 § 8, 1991.)
8.12.080 Minimal storage permit.
The aboveground storage of hazardous materials of less than quantities specified in Chapter 6.95, Division 20, of the California Health and Safety Code shall require a minimal storage permit.
A. Minimal storage permits shall in no case apply to underground storage of hazardous materials unless otherwise provided by law.
B. Information required under the minimal storage permit shall be sufficient to ascertain the nature of hazardous materials on the premises, location and approximate quantities that will usually exist.
C. Applicants for minimal storage permits shall also provide sufficient information to comply with area and management plans and other requirements of this chapter and Chapter 6.95, Division 20, commencing with Section 25500, of the California Health and Safety Code. Failure to provide such information may constitute grounds for denial of a minimal storage permit. (Ord. 868 § 9, 1991.)
8.12.090 Emergency response plan adopted.
In order to comply with the requirement of the Health and Safety Code Section 25503(c), the City shall, by resolution, adopt the county of Sonoma area plan for emergency response to a release or threatened release of a hazardous material and shall from time to time adopt the necessary resolution to adopt the most current revisions thereto as well as any necessary implementing regulations. (Ord. 868 § 10, 1991.)
8.12.100 Regulations adopted.
The definitions, standards, procedures and requirements as set forth in Chapter 6.95, Division 20, of the California Health and Safety Code, and the specific guidelines adopted thereunder, are hereby adopted as those regulations governing hazardous materials release response plans and inventory for the City of Healdsburg. (Ord. 868 § 11, 1991.)
8.12.110 Fees established by resolution.
The City Council shall establish by resolution a schedule of fees to be paid by persons using or handling hazardous materials which are sufficient to cover the costs to the City of administering the provisions of this chapter. (Ord. 868 § 12, 1991.)
8.12.120 Management of scene of a hazardous spill.
As provided in California Vehicle Code Section 2454, the City Council of the City of Healdsburg hereby assigns to the fire department of the City of Healdsburg all authority except as limited by Vehicle Code Section 2454 for management of the scene of any on-highway hazardous substance spill or disaster on local streets and roads other than freeways within the jurisdiction of the City of Healdsburg. The police department, public works department and other City departments shall assist as requested by the fire chief or the fire department officers acting in his place. (Ord. 871 § 2, 1991.)
8.12.130 Definitions and coordination.
For purposes of this chapter, “management of the scene of an on-highway hazardous substance spill or disaster” means coordination of operations which occur at the location of a hazardous substance spill or disaster. This coordinating function does not include how the specialized functions provided by the various other responding agencies are to be performed. The agency managing the scene of an on-highway hazardous spill or disaster shall consult with other response agencies at the scene to ensure that all appropriate resources are properly utilized. The agency managing the scene of an on-highway hazardous spill or disaster shall perform its coordinating function in a manner designed to minimize the risk of death or injury to other persons. (Ord. 871 § 3, 1991.)