tem 29 Staff Report Adopt an Ordinance 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 MaterialsQQ.) i•) 9
COUNCIL AGENDA
DATE: 10/7/91
ITEM NO.c7.67
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 18, 1991
TO: MAYOR AND TOWN COUNCIL
FROM: KATHERINE ANDERTON, TOWN ATTORNEY
SUBJECT: ADOPT AN ORDINANCE 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
RECOMMENDATION:
Adopt the attached ordinance which was introduced at the Town Council meeting of September 16,
1991.
PREPARED BY: KATHERINE ANDERTON, TOWN ATTORNEY
KA:yfg 9/18/91 3:15 pm
DISK003\A:\HAZMAT2.ORD File #
Attachments: Ordinance
Reviewed byanager Clerk Finance Treasurer
COUNCIL ACTIOPIV/ACTION DIRECTED TO:
07
Oa Iwo
ORDINANCE
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
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 II
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper
of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on , 1991 and adopted by the following vote as
an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the
Town of Los Gatos on , 1991.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
ORDINANCE 1869
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
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 II
This ordinance takes effect 30 days after it is adopted. Within 15 days after this
ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper
of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on September 16, 1991 and adopted by the following vote as an
ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the
Town of Los Gatos on October 7, 1991.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Mayor Brent N. Ventura
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED: /s/ Brent N. Ventura
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
October 7, 1991
Los Gatos, California
COMMENDATIONS/TOWN EMPLOYEES/20 YEARS OF SERVICE/C: HARLES ADAMS/ROBERT
EGER/ROBERT WEBER/RESOLUTIONS 1991-216, 1991-217, & 1991-218
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991-216
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING CHARLES ADAMS
FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS, Carried by a vote of 4 ayes.
Mr. Carlson absent.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991-217
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ROBERT EGER
FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS, Carried by a vote of 4 ayes.
Mr. Carlson absent.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991-218
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ROBERT WEBER
FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS, Carried by a vote of 4 ayes.
Mr. Carlson absent.
HOMELESS TASK FORCE/INTERGOVERNMENTAL COUNCIL/RESOLUTION 1991-219
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991-219
entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE SANTA CLARA
COUNTY INTERGOVERNMENTAL COUNCIL HOMELESS WORK PLAN, Carried by a vote
of 4 ayes. Mr. Carlson absent.
GENERAL PLAN COMMITTEE/FORMATION/RESOLUTION 1991-220
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991-220
entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO FORMALLY ESTABLISH THE
GENERAL PLAN COMMITTEE AS AN ADVISORY BODY TO THE PLANNING
COMMISSION, Carried by a vote of 4 ayes. Mr. Carlson absent.
HANDICAPPED ACCESSIBILITY/LOS GATOS HIGH SCHOOL
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this item to the
meeting of October 21, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent.
HAZARDOUS MATERIALS/CLEANUP RESPONSIBILITY/TOWN CODE AMENDMENT
ORDINANCE 1869
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1869 entitled,
AN 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, which was introduced at the Town Council meeting of September 16, 1991.
Carried by a vote of 4 ayes. Mr. Carlson absent.
PUBLIC NUISANCE/INVESTIGATION OF CONDITIONS/ORDINANCE 1871
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1871 entitled,
AN ORDINANCE OF THE TOWN OF LOS GATOS AUTHORIZING INVESTIGATIONS OF
CONDITIONS WHICH MAY PRESENT A PUBLIC NUISANCE, which was introduced at the
Town Council meeting of September 16, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent.
TC: 02: MM 100791
4
PROOF OF PUBLICATIU.A
(2015.5 C.C.P.)
State of California
County of Santa Clara
I am a citizen of the United States and a
resident of the County aforesaid: I am
over the age of 18 years, and not party to
or interested in the above entitled
matter. I am the principal clerk of the
printer of the: Los Gatos Weekly -Times
245 Almendra Avenue, Los Gatos, CA,
P.O. Box 339, Los Gatos CA 95031, a
newspaper of general circulation,
printed every Wednesday in the City of
San Jose California, County of Santa
Clara, and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of the
county of Santa Clara, State of California,
Case number 83631 dated May 27, 1952
that the notice of which the annexed is a
printed copy (set in type not smaller
than non-parell), has been published in
each regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to wit:
all in the year of 19 C/ /
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Date at Los Gatos, California, this
:.ing Stamp
PROOF OF PUBLICATION
(-7q-70-1; /?(-.36/
ORDINANCE 1869
ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING
SECTION 35.060.010 OF THE
TOWN CODE TOCLARITYTHE
CLEANUP RESPONSIBILITY OF
ALL PERSONS AND ENUTIES
INVOLVED WITH THE UNAUTHO-
RIZED DISCHARGE OF HAZ._
ate--'
MATERIALS
-THE-TOWN COUNCIL OF THE
TOWN OF LOS GATOS DOES
HEREBY ORDAIN:
SECTION I
Section 35.060.010 is here-
by 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, trans-
portation, management or dis-
posal of any hazardous materi-
al at any existing, closed, or
abandoned storage facility Is
causing orcontributingto a con-
dition which presents a public
nuisance, specifically including
any endangerment to public
health, welfare or the environ-
ment, shall Institute and com-
plete all actions necessary to
fully and permanently abate
such public nuisance and to
remedy all present and fore-
seeable adverse effects arising
out of any unauthorized dis-
charge, whether sudden or
gradual. Enforcing Officer shall
undertake actions to remedy
the effects of such public nui-
sance or unauthorized dis-
charge itself, only if it deter-
mines that it is reasonably nec-
essary 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 nui-
sance or unauthorized dis-
charge, 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 parry in causing or
allowing such public nuisance
orunauthorized discharge. Any
responsible parry who under-
takes action to remedy the
effects of public nuisance or
unauthorized discharge(s) shall
not be barred by this chapter
from seeking to recover appro-
priate costs and expenditures
from other responsible parties
except as provided by section
35.060.015.
SECTION II
This ordinance takes effect
30 days after it is adopted.
Within 15 days after this ordi-
nance is adopted the Town Clerk
shall cause it to be published
once in a newspaper of general
circulation published and circu-
lated in the Town.
This ordinance was intro-
duced at a regular meeting of
the Town Council of the Town of
Los Gatos on September 16,
1991 and adopted by the fol-
Iowingvote as an ordinance of
the Town of Los Gatos at a reg-
ular meeting of the Town Coun-
cil of the Town of Los Gatos on
October 7,1991.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne
Benjamin, Maven Blanton, Itayor
Brent N. Bantam
NAYS: None
ABSENT: Erie D.Carina
ABSTAIN: None
SIGNED: /s/Brent N. Ventura
ATTEST: /s/Marian V. Cosgrove
PUB:10/16/91
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