[HISTORY: Adopted by the Common Council of the City of Burlington 10-2-1990 by Ord. No. 1316(24). Amendments noted where applicable.]
No person, firm or corporation shall discharge or cause to be discharged, leaked, leached or spilled upon any public street, alley, or public property, or onto the ground, surface waters, subsurface waters, or aquifers, or on any private property within the City, except those areas specifically licensed for waste disposal or landfill activities and to receive such materials, any explosive, flammable or combustible solid, liquid or gas, any radioactive material at or above nuclear regulatory restriction levels, etiologic agents, or any solid, liquid or gas creating a hazard, potential hazard, or public nuisance or any solid, liquid or gas having a deleterious effect on the environment.
Any person, firm or corporation in violation of the above section shall, upon direction of any member of the Emergency Management Team, begin immediate actions to contain, cleanup and remove to an approved repository the offending material(s) and restore the site to its original condition, with the offending person, firm or corporation being responsible for all expenses incurred. Should any person, firm or corporation fail to engage the necessary people and equipment to comply or to complete the requirements of this section, the Emergency Management Coordinator or his designee may order the required actions to be taken by public or private resources and allow the recovery of any and all costs incurred by the City of Burlington.
Access to any site, public or private, where a prohibited discharge is indicated or suspected will be provided to emergency government officers and staff and to City Police and Fire Department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup and restoration activities.
Should any prohibited discharge occur that threatens the life, safety or health of the public at, near or around the site of a prohibited discharge, and where the situation is so critical that immediate steps must be taken to protect life and limb, the Emergency Management Coordinator, his assistant, or the senior City police or fire official on the scene of the emergency may order an evacuation of the area or take other appropriate protective steps for a period of time until the Common Council can take appropriate action.
The Emergency Management Coordinator and his deputies, as well as the City police officers, shall have authority to issue citations or complaints under this chapter.
Any person, firm or corporation in violation of this chapter shall be liable to the City of Burlington for any expenses incurred by the City for loss or damage sustained by the City by reason of such violations.