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O-5629
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Ordinances
General 2 - Date
4/12/1988
Number
O-5629
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1 <br /> <br /> 2 <br /> <br /> 3 <br /> <br /> 5 <br /> <br /> 6 <br /> <br /> 7 <br /> <br /> 8 <br /> <br /> 9 <br /> <br />10 <br /> <br />11 <br /> <br /> 12 <br /> <br />15 <br /> <br />17 <br /> <br />19 <br /> <br /> 20 <br /> <br />21 <br /> <br /> 22 <br /> <br />23 <br /> <br />25 <br /> <br />26 <br /> <br />27 <br /> <br />ORDIN~ICE NO. 5629 <br /> <br />AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA, <br />AMENDING TITLE 16, CHAPTER 32, OF THE RIVERSIDE <br />MUNICIPAL CODE BY ADDING THERETO A NEW SECTION <br />16.32.290 RELATING TO HAZARDOUS MATERIALS CLEAN UP <br />COST RECOVERY. <br /> <br />Section 1: Title 16, Chapter 32, of the Riverside <br /> <br />Municipal Code is hereby amended to add thereto a new Section <br /> <br />16.32.290 which shall read as follows: <br /> <br /> "16.32.290 HAZARDOUS MATERIALS CLEAN UP COST <br />RECOVERY. (a) The City is authorized to perform <br />various functions that relate to identification, clean <br />up and abatement of hazardous substances and wastes <br />unlawfully released, discharged, or deposited upon or <br />into any property or facility within the City and to <br />perform certain protective activities such as <br />evacuation. However, the authority to recover costs <br />under this section section shall not include fire <br />extinguishment and medical aid services which are <br />normally or usually provided by the Fire Department. <br />The following described persons shall be jointly and <br />severally liable to the City for the payment of all <br />costs incurred by the City as a result of such <br />identification, clean up and abatement activity. <br /> <br />(i) <br /> <br />The person or persons whose negligent or <br />willful act or omission proximately caused <br />such release, discharge or deposit; and <br /> <br />(ii) <br /> <br />The person or persons who owned or had custody <br />or control of the hazardous substance or waste <br />at the time of such release, discharge, or <br />deposit, without regard to fault or proximate <br />cause; and <br /> <br />(iii) <br /> <br />The person or persons who owned or had custody <br />or control of the container which held such <br />hazardous waste or substance at the time of or <br />immediately prior to such release, discharge <br />or deposit, without regard to fault or <br />proximate cause. <br /> <br /> (b) In the event that any person undertakes, <br />either voluntarily or upon order of the Fire Chief or <br />other City official, to clean up or abate the effects of <br />any hazardous substance or waste unlawfully released, <br />discharged or deposited upon or into any property or <br />facilities within the City, the Fire Chief may take such <br /> <br />CITY ATTORNEY <br />RIVERSIDE <br />CALIFORNIA <br /> <br /> <br />
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