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12/17/87 241 <br />CT:mb(30) <br /> <br />ORDINANCE NO. NS-1947 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA <br />ADDING SECTION 18-3 TO THE SANTA ANA <br />MUNICIPAL CODE, PERTAINING TO THE RE- <br />COVERY OF COSTS INCURRED BY THE CITY <br />IN THE PREVENTION, ABATEMENT, MITIGA- <br />TION OR CONFINEMENT OF SPILLS OR RE- <br />LEASES OF HAZARDOUS SUBSTANCES. <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN <br />AS FOLLOWS: <br /> <br />SECTION 1: That the Santa Ana Municipal Code is hereby <br />amended by adding a section, to be numbered 18-3, which said <br />section reads as follows: <br /> <br />Sec. 18-3. Recovery of costs of emergency response to <br /> hazardous substance spills or releases. <br /> <br /> (a) The expense of an emergency response to any spill <br />or release of a hazardous substance, as hereinafter defined, <br />which poses a significant present threat or potential hazard <br />to human life, property or environment, shall be a charge <br />against the person or entity whose conduct, or that of its <br />employees, agents or contractors, caused or permitted the <br />incident resulting in the emergency response. <br /> <br /> Said charge shall constitute a debt that is collec- <br />tible by the public agency incurring those costs in the <br />same manner as in the case of an obligation under contract. <br /> <br /> (b) The charge for an emergency response shall be <br />imposed in accordance with a schedule of fees, pursuant to <br />the recommendation of the Fire Chief of the City of Santa <br />Ana, adopted by resolution of the City Council for the City <br />of Santa Ana, as it may from time to time be amended. <br />Implementation of such an assessment procedure shall not <br />be the exclusive remedy of City for recovery of such costs. <br /> <br /> The cost imposed pursuant to the schedule of fees <br />shall be reasonably commensurate to the verifiable costs <br />involved in emergency response to and/or prevention, abate- <br />ment, mitigation or confinement of spills or releases of <br />hazardous substances within City limits. <br /> <br /> The Fire Chief of the City of Santa Ana or his <br />designee shall determine the verifiable costs of the City <br />for emergency response to hazardous substance spills or <br />releases within City limits and shall use such costs to <br />develop a cost recovery schedule of applicable charges <br />necessary to recover City costs for such emergency respon- <br />ses. Said schedule shall be the basis for the Fire Chief's <br />recommendation to the City Council of the City of Santa <br />Ana. <br /> <br /> <br />