A. The threatened or actual release, discharge, deposit, abandonment, improper storage or improper use of any hazardous substance or waste is declared to be a public nuisance subject to summary abatement.
B. Without limiting the authority of any other city agency or department, the fire chief is authorized to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged, deposited or abandoned upon or into any property, water or facilities within the city or within any other area where the city is the primary provider of fire protection services, or to take necessary steps to prevent a threatened release, discharge, or deposit.
C. The following described persons shall be jointly and severally liable to the city for the payment of all costs incurred by the city as a result of such cleanup, abatement, or preventive activity:
1. The person or persons whose negligent or willful act or omission proximately caused the threatened or actual release, discharge or deposit, or who abandoned the hazardous substance or waste; and
2. The person or persons who owned or had custody or control of the hazardous substance or waste at the time of the threatened or actual release, discharge, deposit, or abandonment, without regard to fault or proximate cause; and
3. The person or persons who owned or had custody or control of the container which held such hazardous substance or waste at the time of or immediately prior to the threatened or actual release, discharge, deposit, or abandonment, without regard to fault or proximate cause; and
4. The person or persons who are tenants in possession of the property upon which the hazardous substance or waste was released, discharged, deposited, or abandoned, or on which the threat of release, discharge or deposit existed, without regard to fault or proximate cause; and
5. The person or persons who own the property, water or facilities upon or into which the hazardous substance or waste was released, discharged, deposited, or abandoned, or on which the threat of release, discharge or deposit existed, without regard to fault or proximate cause; and
6. Any person or persons who by contract, agreement, or otherwise, arranged for disposal, treatment, or transport of the hazardous substance or waste, without regard to fault or proximate cause, if the threatened or actual release, discharge, deposit, or abandonment occurred during disposal, treatment, or transport; and
7. Any person or persons who accepted the hazardous substance or waste for transport, without regard to fault or proximate cause, if the threatened or actual release, discharge, deposit, or abandonment occurred during transport.
D. There shall be no liability under subsection C of this section for a person otherwise liable who can establish by a preponderance of the evidence that the release, threat of release, or abandonment of a hazardous substance and the damages resulting therefrom were caused solely by:
1. An act of God;
2. An act of war;
3. An act or omission of a third party other than an employee or agent of the person, or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the person (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the person establishes by a preponderance of the evidence that: (i) he or she exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (ii) he or she took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or
4. Any combination of the foregoing subsections (D)(1), (2) and (3) of this section.
E. Whenever it is practical to do so, the fire chief shall attempt to recover abatement costs from parties described in subsections (C)(1), (2), (3), (6) and (7) of this section before seeking recovery from parties described in subsections (C)(4) and (5) of this section.
F. In the event that any person undertakes, either voluntarily or upon order of the fire chief or other city official, to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged, deposited, or abandoned upon or into any property, water or facilities within the city, the fire chief may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in subsection C of this section shall be liable to the city for all costs incurred as a result of such supervision or verification.
G. For purposes of this section, "hazardous substance or waste" includes:
1. Any hazardous substance or hazardous waste as defined in Section 8.64.020 of this title; and
2. Any hazardous waste as defined in 42 U.S.C. Section 6903(5); and
3. Any hazardous substance as defined in 42 U.S.C. Section 9601(14), California Health and Safety Code Section 25316, or California Water Code Section 13050(p); and
4. Any petroleum or petroleum fraction; and
5. Any other hazardous substance, waste, or material as defined in any state or federal law or regulation.
H. For purposes of this section, costs incurred by the city shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including benefits and administrative overhead; cost of equipment operation; cost of materials obtained directly by the city; and cost of any contract labor and materials.
I. For purposes of this section, "person" includes any individual, firm, partnership, corporation, association, governmental entity, district, special district, trust, or joint stock company.
J. Payment shall be due and payable no later than thirty (30) days after the date of billing. A penalty of ten (10) percent or one hundred dollars ($100.00), whichever is greater, shall be imposed if payment is not received within sixty (60) days after the date of billing.
K. The remedies provided by this section shall be in addition to any other remedies provided by law.
L. The recoverable costs under this section shall include the cost of fire suppression services, if the need for the services is the proximate result of a release, discharge, deposit, abandonment, improper storage or improper use which constitutes a public nuisance. (Prior code § 15.06.601)