Sec. 29-17. - Reporting releases or threatened releases.

(a)

The operator, owner, or handler shall institute and complete all actions necessary to remedy the effects of an actual or threatened release. The operator, owner, or handler shall reimburse the county or city all costs incurred by the county or city in responding to such an actual or threatened release within thirty (30) days of submission of an invoice. This responsibility is not conditioned upon evidence of wilfulness or negligence of the operator, owner, or handler in causing or allowing such release.

(b)

The reporting requirements of this section shall be in accordance with applicable state laws and regulations.

(Ord. No. 5015 § 1, 1997.)

Sec. 29-18. - Emergency response.

(a)

An emergency is a condition creating a reasonable cause for concern that someone or something may be exposed to a risk of harm by a release or a threatened release of a hazardous material if prompt recovery action is not taken.

(b)

In the event of an emergency, the CUPA may take any investigative, regulatory action or recovery action necessary to identify, remedy, or prevent an imminent risk of harm. The responsible person or persons shall be jointly and severally liable to the county for all costs incurred by it in taking any investigative, regulatory action or recovery action except as expressly provided in this chapter.

(c)

Where the CUPA has taken investigative, regulatory action or recovery action to identify, remedy, or prevent an imminent risk of harm to the public health, safety or welfare, domestic livestock, wildlife, or the environment, arising out of any actual or threatened release of any hazardous material of any mount or concentration, a presumption shall arise that an actual or threatened release occurred and that the regulatory action or recovery action was reasonably necessary to prevent an actual or threatened release.

(Ord. No. 5015 § 1, 1997.)

Sec. 29-19. - Administrative review.

The CUPA shall review the permit whenever there has been an actual or threatened release or when it is determined that any underground storage tank is unsafe. In determining whether to modify or terminate the permit, the CUPA shall consider the age of the storage system, the methods of containment, the methods of monitoring, the feasibility of any required repairs, the concentration of the hazardous materials stored, the severity of potential unauthorized releases, and the suitability of any other long-term preventative measures which would meet the requirements of this chapter.

(Ord. No. 5015 § 1, 1997.)

Sec. 29-20. - Regulatory action.

(a)

Regulatory action includes, but is not limited to, suspension or revocation of a permit, an order to cease noncompliance with the terms or conditions of a permit, an order to correct a condition, or cease a practice, or modify a business plan.

(b)

A permit may be subjected to regulatory action for any of the following causes, arising from acts or omissions of the permittee, either before or after a permit is issued:

(1)

Fraud, wilful misrepresentation, or any wilful, inaccurate, or false statement in applying for a new or renewed permit;

(2)

Fraud, wilful misrepresentation, or wilful, inaccurate or false statement in any report required by this chapter;

(3)

Failure to abate, correct or rectify any noncompliance within the time specified in the notice of compliance;

(4)

Failure to correct conditions constituting an unreasonable risk of any actual or threatened disposal or release of hazardous materials within a reasonable time after notice from any governmental entity;

(5)

Failure to abide by the regulatory action imposed by the CUPA;

(6)

Failure to pay fees established by this chapter.

(Ord. No. 5015 § 1, 1997.)