§ 12.56.050. Liability for costs reimbursable to the forester and fire warden.

A.

Costs reimbursable to the forester and fire warden under this chapter are a debt of the person liable therefor, and shall be collectable in the same manner as in the case of an obligation under contract, express or implied. However, any costs incurred by the forester and fire warden which assigns one or more of its representatives to respond to, or to investigate, an intentional or negligent release, escape, burning, or threatened release of hazardous materials shall be assessed to the person liable therefor.

B.

The charge created against a person by this Chapter 12.56 is also a charge against the person's employer if the intentional or negligent release, escape, burning, or threatened release causing the incident occurs in the course of the person's employment.

C.

An action to recover costs under this Chapter 12.56 may be joined with any civil or criminal action for penalties, fines, injunctive, or other relief brought against the responsible person or employer, or both, arising out of the same incident.

D.

There shall be deducted from any amount otherwise recoverable under this Chapter 12.56, the amount of any reimbursement for eligible costs paid to the forester and fire warden by the State Hazardous Substance Cleanup Fund pursuant to Section 25360 of Chapter 6.8 (commencing with Section 25300) of Division 20 of the California Health and Safety Code.

(Ord. 96-0062 § 3 (part), 1996.)