Chapter 6.28

6.28.010    Hazardous materials cleanup—Liability for costs.

6.28.050    Definition of hazardous wastes, materials or substances.

6.28.090    Definition of costs.

6.28.010 Hazardous materials cleanup—Liability for costs.

The city fire department is authorized to clean up and/or abate the effects of any hazardous wastes, materials or substances deposited upon or into property or facilities within the city. Any person or persons who intentionally or negligently cause such deposit shall be liable for the payment of all costs incurred by the city as a result of such cleanup and/or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law. (Ord. 1030 § 1 (part), 1985).

6.28.050 Definition of hazardous wastes, materials or substances.

For the purposes of this section, "hazardous wastes, materials or substances" shall be as defined in Divisions 20 through 22, of the state of California Health and Safety Code. (Ord. 1030 § 1 (part), 1985).

6.28.090 Definition of costs.

(a)    Costs Included. For the purposes of this section, "costs incurred by the city" shall include, but shall not necessarily be limited to, the following: actual labor costs of any city personnel, including worker’s compensation benefits, fringe benefits and administrative overhead; cost of equipment operation and any resulting damages; cost of evacuation of the public; cost of materials obtained by the city for the removal or abatement efforts; and the cost of any contract labor and materials for assistance in such removal or abatement efforts.

(b)    Costs Excluded. The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the city’s fire department. (Ord. 1030 § 1 (part), 1985).