Section
3.16.010 Purpose.
3.16.020 Definitions.
3.16.030 Management of hazardous materials on properties.
3.16.040 Management of hazardous materials on streets.
3.16.050 Control of mitigation measures.
3.16.060 Notification of release of hazardous materials.
3.16.070 Costs subject to recovery.
3.16.080 Recovery of costs.
3.16.090 Appeals.
3.16.100 Billing.
In the event of a hazardous material release into or upon any land, water or air within the city, responsibility for scene management shall be the most appropriate agency or responsible party, as set forth in this chapter. The costs incurred by the city in cleaning up (mitigating) the effects of such a release shall be reimbursed by the person, firm or corporation found to be the responsible party for causing the release: Costs subject to reimbursement shall include those of the city for emergency response.
(1995 Code, § 3.16.010) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)
For the purpose of this chapter, the following terms shall apply.
CITY. The City of Tulare.
EMERGENCY. A sudden, unexpected occurrence which poses an unreasonable and imminent risk to life, health or safety of person, property or to the ecological balance of the environment and requires immediate action by emergency response personnel.
EMERGENCY RESPONSE PERSONNEL. Any person employed with either the Fire or Police Department of the City of Tulare or any other emergency-related governmental agency having jurisdiction within the City of Tulare.
HAZARDOUS MATERIAL. A substance or combination of substances, of any kind whatsoever, which, because of quantity, concentration, physical, chemical or infectious characteristics, may result in the following conditions:
(A) May cause or significantly contribute to an increase in mortality, an increase in serious irreversible or incapacitating reversible illness; and/or
(B) May pose an unreasonable and imminent risk to the life, health or safety of persons, property or to the ecological balance of the environment when improperly released, treated, stored, transported, disposed of or otherwise managed.
HAZARDOUS MATERIALS. Any material defined in Cal. Health and Safety Code § 25501 of Chapter 6.95, Division 20.
NONEMERGENCY. An occurrence that is not a life-threatening situation and, therefore, does not require the deployment of emergency response personnel.
PERSON. An individual, or any business entity, including but not limited to a trust, firm, corporation, joint stock company, partnership, association or the employer of the person.
RELEASE or HAZARDOUS MATERIALS RELEASE. The accidental or intentional spilling, leaking, pumping, pouring, burning, emitting, employing or dumping of hazardous materials into or upon any land, water or air which is unauthorized by federal, state or local governing agencies or statutes.
SCENE MANAGEMENT. The coordination and direction of personnel and equipment involved in the containment and cleanup activities of an incident.
(1995 Code, § 3.16.020) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)
In the event of an emergency release of a hazardous material on public or private property, excluding street rights-of-way, within the limits of the City of Tulare, the Fire Department shall be responsible for scene management. In the event of a nonemergency release of hazardous material, the Fire Department may designate another more appropriate agency to manage the incident.
(1995 Code, § 3.16.030) (Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016)
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