Agenda Package - 09-15-08 - Laserfiche WebLink

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099 and who did not become the owner of the land as the result of land participate in a • transfer to avoid liability for the underground storage tank shall not be deemed to be responsible for a release or discharge from the underground storage tank. (B) Removal by county. The county is authorized and empowered to utilize any staff, equipment and materials under its control or supplied by any other cooperating federal, state or local agencies and to contract with any agent or contractor that it deems appropriate to take such actions as are necessary to collect, investigate, perform surveillance over, remove, contain, treat or disperse oil or other hazardous substances discharged onto the land or into the waters of the county and to perform the necessary restoration regardless of whether the discharge is in violation of this division. The director of emergency management shall keep a record of all expenses incurred in carrying out any project or activity authorized under this section, including actual expenses incurred for services performed by the county's personnel and for use of the county's equipment and material. The authority granted by this subsection shall be limited to projects and activities that are designed to protect the public health, safety or welfare, or public property, or abate a public health nuisance, and shall be compatible with the National Contingency Plan established pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. (C) Cooperation with county. In any removal undertaken by the county, the person having control over such hazardous materials shall assist in the abatement, removal and remedial measures associated with the oil or hazardous material discharge. Assistance shall consist of any or all of the following: (1) Shall comply with the direction and orders of the director of emergency • management. (2) Shall supply emergency response plan information available for the site of any discharge. (3) Shall supply emergency response equipment personnel and materials available on the site. (4) Shall supply any information on the product or chemical released that may be available to that person. SECTION 12. REQUIRED NOTICE Every person owning or having control over oil or other substance discharged in any circumstances other than pursuant to a rule adopted by the state environmental management commission, a regulation of the U.S. Environmental Protection Agency, or a permit as described in Section 10(C), or the Federal Water Pollution Control Act, upon notice that such discharge has occurred, shall immediately notify the department of emergency management of the nature, location and time of the discharge and of the measures being taken or are proposed to be taken to contain and remove the discharge. The designee of the department of emergency management receiving the notification shall immediately notify the director of emergency management or such member of the permanent staff of the department of emergency management as the director may designate. If the discharged substance of which the department of emergency management is notified is a pesticide regulated by the state pesticide board, the director of emergency management shall immediately inform the chair of the pesticide board. Removal operations under this section of substances