*Note--Chapter 8, ABATEMENT OF WEEDS AND RUBBISH, Sections 68.801--68.817, added by Ord. No. 4179 (N.S.), effective 11-15-73. Sections 68.810--68.817 repealed by Ord. No. 4466 (N.S.), effective 3-13-75. Sections 68.801--68.809 repealed by Ord. No. 5726 (N.S.), effective 5-8-80. New Chapter 8, DISCLOSURE OF HAZARDOUS MATERIALS, Sections 68.801--68.813, added by Ord. No. 6293 (N.S.), effective 6-24-82; amended by Ord. No. 6452 (N.S.), effective 11-11-82; amended by Ord. No. 6470 (N.S.), effective 12-16-82. Declared, by Ord. No. 7091 (N.S.), effective 3-13-86, to be inoperative until action taken to the contrary and added Chapter 11, HAZARDOUS MATERIALS INVENTORY AND RESPONSE PLANS, Sections 68.1101--68.1111. Title added. Chapter 8, DISCLOSURE OF HAZARDOUS MATERIALS, repealed by Ord. No. 8672 (N.S.), effective 5-23-96. Prior to repeal, chapter consisted of §§ 68.801--68.814, as amended by Ord. No. 6570 (N.S.), effective 6-2-83; Ord. No. 7428 (N.S.), effective 2-4-88; and Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95. Ord. No. 8672 (N.S.), effective 5-23-96, added similar new provisions as § 68.1113. New Chapter 8, Hazardous Incident Response, Sections 68.801-68.804, added by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10927 (N.S.), effective 1-10-25.
Cross reference(s)--Hazardous and medical wastes, § 68.505; hazardous waste establishments (Certified Unified Program Agency), § 68.901 et seq.; underground storage of hazardous substances, § 68.1001 et seq.; hazardous materials inventory and response plans, § 68.1101 et seq.; medical wastes, § 68.1201 et seq.
It is the intent of the Board of Supervisors that the County, through its Office of Emergency Services (OES) and the Department of Environmental Health and Quality (Department), should continue to participate in regional arrangements to ensure prompt and effective responses to hazardous materials release incidents (including suspected and threatened releases) within the County. Such participation helps to protect public health and safety and the environment. To the extent allowed by state law, responsible persons should pay for release responses. Where costs cannot be attributed and recovered, coordinated regional efforts should be funded regionally through the Unified San Diego County Emergency Services Organization (USDCESO), a joint powers agency established for these purposes. It is the further intent of the Board of Supervisors that the Department should respond to releases in the unincorporated area that do not fall within the ambit of USDCESO to the extent necessary to protect human health, safety and the environment. Finally, it is the intent of the Board of Supervisors that specialized capabilities developed within the Department to better protect the County be made available for deployment outside of the County at the direction of the Federal Emergency Management Agency, on a full cost recovery basis, where such arrangements will not degrade response capabilities within the County.
For releases in the unincorporated portions of the County, recovery of emergency response costs and expenses is authorized by Section 104.13 of the California Fire Code (as amended and adopted in this County) where a release that requires a response is a result of negligence, and by Section 364.1 of the County Administrative Code when recovery is authorized by State law. Several provisions of State law authorize the County, in particular circumstances, to recover emergency response costs incurred anywhere in the County when acting in an authorized capacity. These provisions include Sections 53150 through 53159 of the Government Code (releases caused by persons under the influence of alcohol or drugs), Section 13009.6 of the Health and Safety Code (releases that pose an imminent threat to health and safety and require an evacuation or that result in the spread of a hazardous substance beyond its origin), and Section 25515 of the Health and Safety Code (releases caused by or made worse by certain violations of State law). The chaptered enactments for these State laws clarify that they are not preemptive of other County powers to respond to releases and to recover costs. Finally, when acting under the auspices of USDCESO, a joint powers authority under State law, the above State law authorities and city and county authorities to take action and to recover costs, are applicable to allow USDCESO to recover response costs incurred by any USDCESO contractor.
(Added by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10536 (N.S.), effective 7-1-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The meaning of all terms in this section, not otherwise defined, shall be as set forth in the California Health and Safety Code.
"Controlled substance" means any substance defined as a "controlled substance" in section 11007 of the California Health and Safety Code.
"Department" shall mean the Department of Environmental Health and Quality.
"Director" shall mean the Director of the Department of Environmental Health and Quality.
"Hazardous substance" means any hazardous substance listed in section 25316 of the California Health and Safety Code or in section 6382 of the California Labor Code.
"Hazardous material" means any hazardous material as defined in section 25501 of the California Health and Safety Code.
"Hazardous waste" means any waste or combination of wastes that would constitute a hazardous waste pursuant to section 25117 of the California Health and Safety Code, including an "extremely hazardous waste" as defined in section 25115 of the Health and Safety Code.
"Flammable material" means any material which constitutes a flammable material pursuant to the California Fire as amended and adopted by the County of San Diego
"Release" and "threatened release" are defined as set out in section 25501 of the California Health and Safety Code.
(Added by Ord. No. 10536 (N.S.), effective 7-1-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
To the extent feasible using available resources, the Director may establish, equip, train and maintain a Hazardous Incident Response Team (HIRT) that can safely and effectively respond to hazardous materials releases (including suspected or threatened releases) throughout the County.
(Added by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10536 (N.S.), effective 7-1-18; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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