NS-1947 - Adding Section 18-3 to the Santa Ana Municipal Code, Pertaining to the Recovery of Costs Incurred by the City in the Prevention, Abatement, Mitigation or Confinement of Spills or Releases of Hazardous Substances

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