Ord 1868 - Amending Section 35.060.010 of the Town Code to Clarify the Cleanup Responsibility of all Persons and Entities Involved with the Unathorized Discharge of Hazardous MaterialsORDINANCE 1868
URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING
SECTION 35.060.010 OF THE TOWN CODE TO CLARIFY THE
CLEANUP RESPONSIBILITY OF ALL PERSONS AND ENTITIES
INVOLVED WITH THE UNAUTHORIZED DISCHARGE OF HAZARDOUS
MATERIALS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN:
SECTION I
An urgent need for this ordinance exists in order to preserve the public health and
safety in that:
1. Immediate identification of the sources, causes and the parties responsible
for environmental contamination and early establishment of their joint and several liability
for cleanup and remediation is necessary for expedient abatement; and
2. The continued presence of hazardous materials creates a threat of further soil
contamination and of further contamination of the ground water; and
3. The soil and groundwater contamination and the threat of its' spread may
constitute a public nuisance and may endanger the public health and safety; and
4. Experience and preliminary research indicates that early identification of
activities of prior owners and operators which may have caused or contributed to
contamination, their participation in investigation, and their liability for cleanup costs is
necessary to expedite abatement; and
5. Hazardous materials have been identified on certain real property within the
Town of Los Gatos, remediation of which requires the immediate effectiveness of this
ordinance.
SECTION II
Section 35.060.010 is hereby amended to read as follows:
Section 35.060.010 - Cleanup responsibilities
No unauthorized discharge of hazardous material shall occur at or from an
existing closed or abandoned storage facility. Any person, firm or corporation whose past
or present handling, treatment, storage, transportation, management or disposal of any
hazardous material at any existing, closed, or abandoned storage facility is causing or
contributing to a condition which presents a public nuisance, specifically including any
endangerment to public health, welfare or the environment, shall institute and complete all
actions necessary to fully and permanently abate such public nuisance and to remedy all
present and foreseeable adverse effects arising out of any unauthorized discharge, whether
sudden or gradual. Enforcing Officer shall undertake actions to remedy the effects of such
public nuisance or unauthorized discharge itself, only if it determines that it is reasonably
necessary under the circumstances for the Enforcing Officer to do so. The responsible party
shall be liable to reimburse Enforcing Officer for all costs incurred by Enforcing Officer in
remedying the effects of such public nuisance or unauthorized discharge, including
enforcement costs, and the costs of fighting fires to the extent allowed by law. This
responsibility is not conditioned upon evidence of willfulness or negligence of the
responsible party in causing or allowing such public nuisance or unauthorized discharge.
Any responsible party who undertakes action to remedy the effects of public nuisance or
unauthorized discharge(s) shall not be barred by this chapter from seeking to recover
appropriate costs and expenditures from other responsible parties except as provided by
section 35.060.015.
SECTION III
This ordinance takes effect immediately and shall be published once in the Los
Gatos Weekly, a newspaper of general circulation, published in the Town of Los Gatos
within fifteen (15) days.
7
The foregoing ordinance was passed and adopted at a regular meeting Los Gatos
Town Council on the 16th day of September, 1991 and adopted by the following vote as
an urgency ordinance of the Town of Los Gatos.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Mayor Brent N. Ventura
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF OS GATOS
LOS GATOS, CALIFORNIA