Ord 1869 - 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 MaterialsORDINANCE 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 /3�191�
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A'TT'EST:
d
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Pa