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17.24.020   Unconfirmed unauthorized discharge.
   (a)   Indication of Loss in Inventory Records. Whenever a material balance or other inventory record, employed as a monitoring technique under the HMMP, indicates a loss of hazardous material, and no unauthorized discharge has been confirmed by other means, a responsible person shall have five working days to determine whether or not there has been an unauthorized discharge. If before the end of such period it is determined that there has been no unauthorized discharge, an entry explaining the occurrence shall be made in the person's monitoring records. Where a responsible person has not been able, within such period, to determine that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and the responsible person shall proceed in accordance with Section 17.24.010.
   (b)   Test Results. Whenever any test results suggest a possible unauthorized discharge and no unauthorized discharge has been confirmed by other means, the responsible person shall have five working days to retest. If second test results obtained within that period establish that there has been no unauthorized discharge, the results of both tests shall be recorded in the person's monitoring records. If it has not been established within such period that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and the responsible person shall proceed in accordance with Sections 17.24.010 and 17.24.020.
(Ord. 4066 § 5, 1992: Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)
17.24.040   Gases at STP.
   Sections 17.24.010 and 17.24.020 notwithstanding, any responsible person who has knowledge of any unauthorized discharge of a hazardous material which is a gas at STP, must immediately report such discharge to the city if such discharge presents a threat of imminent danger to public health and safety.
(Ord. 4066 § 6, 1992: Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)
17.24.050   Clean-up responsibility.
   Responsible persons shall institute and complete all actions necessary to remedy the effects of any unauthorized discharge, whether sudden or gradual. City shall undertake actions to remedy the effects of such unauthorized discharge itself, only if the fire chief determines that it is reasonably necessary under the circumstances for the city to do so. The responsible person shall be liable to reimburse city for all costs incurred by city in remedying the effects of such unauthorized discharge, including the costs of fighting fires, to the maximum extent allowed by law. This responsibility is not conditioned upon evidence of willfulness or negligence of the person storing the hazardous material(s) in causing or allowing such discharge. Any responsible person who undertakes action to remedy the effects of unauthorized discharge(s) shall not be barred by the title from seeking to recover appropriate costs and expenditures from other responsible parties except as provided by Section 17.24.060 and this section.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)
17.24.060   Indemnification.
   Responsible persons subject to this title shall indemnify, hold harmless and defend the city against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized discharge in connection with such person's operations subject to this title except as arises from city's sole willful act or sole active negligence.
(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)