6.11.080   RESPONSIBILITY FOR UNAUTHORIZED RELEASE.
   .010   As soon as any person in charge of a facility, of transportation to or from a facility, or responsible for emergency response at a facility, has knowledge of any unauthorized release or threatened release of a hazardous material, such person shall take all necessary steps to ensure the discovery, containment and cleanup of such release and shall notify the CUPA.
   .020   The Fire Chief or his authorized representative at any time, upon a determination that the responsible party is not adequately containing and disposing of such hazardous material, shall have the power and authority to undertake and direct an emergency response in order to protect the public health and/or safety and the environment.
   .030   Any person responsible for storing or transporting any hazardous material shall have the responsibility to institute and complete all actions necessary to prevent a threatened release or to remedy the effects of any unauthorized release of any hazardous material, whether accidental or intentional, sudden or gradual. This responsibility is not conditioned upon evidence of willfulness or negligence of the party storing or transporting the hazardous material(s) in causing or allowing such release or threatened release. The CUPA shall undertake actions to prevent a threatened release or remedy the effects of such unauthorized release itself only if it determines that it is reasonably necessary under the circumstances to do so. The responsible party shall be liable to reimburse the CUPA for all costs incurred in preventing the threatened release or remedying the effects of such unauthorized release.
   .040   Costs reimbursable to the CUPA under this chapter are a debt of the person liable therefore, and shall be collectable in the same manner as in the case of an obligation under contract, express or implied. However, any costs incurred by the CUPA which assigns one or more of its representatives to respond to, or to investigate, an intentional or negligent release, escape, burning or threatened release of hazardous materials shall be assessed to the person liable therefore.
   .050   The charge created against a person by this chapter is also a charge against the person’s employer if the intentional or negligent release, escape, burning or threatened release causing the incident occurs in the course of the person’s employment.
   .060   An action to recover costs under this chapter may be joined with any civil or criminal action for penalties, fines, injunctive or other relief brought against the responsible person or employer, or both, arising out of the same incident.
   .070   There shall be deducted from any amount otherwise recoverable under this chapter, the amount of any reimbursement for eligible costs paid to the CUPA by the State Hazardous Substance Cleanup Fund pursuant to Section 25360 of Chapter 6.8 (commencing with Section 25300) of Division 20 of the California Health and Safety Code.  (Ord. 5785 § 1 (part); October 2, 2001:  Ord. 6150 § 1 (part); July 21, 2009.)