§ 20.80.060. Cleanup or abatement work—County to perform when—Costs.

A.

Any person who is operating or proposes to operate a transfer/processing station or disposal site, or both, in violation of the solid-waste facilities permit, or who is operating or proposes to operate any such facility without a solid-waste facilities permit, or who owns a disposal site and causes or permits the operator of such disposal site to violate a solid-waste facilities permit or to operate such disposal site without a solid-waste facilities permit, shall, upon order of the enforcement agency, cease and desist any improper action, clean up any solid waste, abate the effects thereof, or take any other necessary remedial action.

B.

If any of the circumstances set forth in subsection A pose an imminent threat to life or health, the enforcement agency may expend any available moneys to perform any cleanup and abatement or remedial work required.

C.

If the circumstances set forth in subsection A do not pose an imminent threat to life or health but the enforcement agency deems it necessary for the public health to perform cleanup and abatement work or remedial work, the enforcement agency shall petition the hearing panel provided for in Section 20.84.010 for authorization to perform such work. Upon receiving such a petition, the hearing panel may do either of the following:

1.

Summarily deny the petition, if it fails to allege sufficient facts to establish that such work is necessary to protect the public health;

2.

Hold a hearing on the matter and thereafter deny, grant, or grant in part the petition.

D.

If the hearing panel grants a petition submitted under subsection C, the hearing panel shall, in a written decision, specify the nature of actions that the enforcement agency may take and the maximum amount of moneys to be expended for such actions.

E.

Any action taken pursuant to subsections B, C or D of this section may be taken in default of, or in addition to, remedial work by the operator or other persons, and regardless of whether injunctive relief is being sought.

F.

If such solid waste is cleaned up, the effects thereof abated, or other necessary remedial action is taken by the enforcement agency, the person or persons who committed such action, within the meaning of subsection A, shall be liable to the enforcement agency to the extent of the reasonable costs actually incurred in cleaning up such operation, abating the effects thereof, or taking other remedial action.

(Ord. 11886 Art. 9 § 906, 1979.)