// CODE SNIPPET
5003.3.1 Reporting of Discharges
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When hazardous materials are released in
quantities reportable under federal, state or local regulations, the commissioner shall be
notified and the following procedures required in accordance with FC 5003.3.1.1
through 5003.3.1.4.
5003.3.1.1 Records
Accurate records shall be kept of the discharge of
hazardous materials.
5003.3.1.2 Preparation
Provisions shall be made for controlling and
mitigating accidental discharges.
5003.3.1.3 Control
5003.3.1.4 Responsibility for Cleanup
The owner of a facility or other
person responsible for an accidental discharge shall undertake all actions necessary to
remediate such discharge. When deemed necessary by the commissioner, cleanup may be
initiated by the department or other city agency. Costs associated with such cleanup shall
be borne by the owner or other person responsible for the discharge. The department shall
give such owner or other person written notice of such costs and an opportunity to be heard.
Payment of such costs shall be recoverable in any manner authorized by law, rule or
regulation. Failure to pay such costs shall cause a lien to be placed upon the premises
pursuant to the provisions of FC117.4, as applicable, or against vehicles or other personal
property in accordance with the provisions applicable thereto. Nothing in this section shall
be construed to preclude the implementation of response measures, or the recovery of the
costs of such measures, by any other city agency, either prior or subsequent to any response
measure implemented pursuant to this section.
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