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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343 ORDINANCE NO. NS-1947 PAGE THREE (7) Or any substance which is known by the business handling it to be likely to pose a significant present or potential hazard to public health, safety or the environ- ment. (e) A material may be added to the list of hazard- ous substances as defined in Section (d) hereof, upon a finding by the Fire Chief of the City of Santa Ana that the material, because of its quantity, concentration or physical or chemical characteristic, poses a significant present threat or potential hazard to human life, property or the environment if released into the community. (f) An emergency response shall be defined as a response by a City department or agency to prevent, abate, mitigate, or confine a spill or release of a hazardous substance within City limits, in order to protect human life, property or the environment from a significant present threat or potential hazard. (g) A release or spill shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, burning, dumping or dis- posing into the environment and/or community. (h) Any person or entity, its employees, agents or contractors who causes, permits or is responsible for a spill or release of a hazardous substance within City limits, upon notification of the same, shall immediately cease all activities causing or likely to cause reoccur- rence or continuation of such spills or releases and shall not resume such activities unless and until so directed by the Fire Chief of the City of Santa Ana or his designee. (i) No person or entity, its employees, agents or contractors shall dispose of or store any hazardous sub- stance on public property, except under direction of the Fire Chief of the City of Santa Ana or his designee. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.