12-4
HAZARDOUS MATERIAL RELEASE RESPONSE AND INVENTORY:

12-4.1 Assumption Of Responsibility:

Pursuant to the Health and Safety Code section 25502, the city assumes responsibility for the implementation of chapter 6.95 “hazardous materials release response plans and inventory” of division 20 of the Health and Safety Code of the state of California and shall have exclusive jurisdiction for the enforcement of the provisions within the city. (Ord. #1279, §1)

12-4.2 Administrating Agency:

The fire department of the city is designated as the “administrating agency” as defined in Health and Safety Code section 25501(a) and shall be responsible for the administration and the enforcement of the provisions of chapter 6.95 of division 20 of the Health and Safety Code within the city. (Ord. #1279, §1)

12-4.3 Penalties For Violations Of Health And Safety Code Section 25507:

Any person or business who violates section 25507 of the Health and Safety Code of the state of California, requiring immediate reporting of any release or threatened release of a hazardous material to the administering agency and the provision of access to the handlers facilities for emergency personnel, shall, upon conviction, be punished by a fine of not more than twenty five thousand dollars ($25,000.00) 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 two thousand dollars ($2,000.00) or more than fifty thousand dollars ($50,000.00) per day of violation, or by imprisonment in the state prison sixteen (16), twenty (20) or twenty four (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 city is required to respond, the person shall also be assessed the full cost of the city emergency response, as well as the cost of cleaning up and disposing of the hazardous materials. (Ord. #1279, §1)