[Code 1992, § 13.60(1); amended 3-13-2017 by Ord. No. 17-04]
No person 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.
[Code 1992, § 13.60(2); Ord. No.
99-13, § 1, 8-9-1999; amended 5-29-2012 by Ord. No.
12-08; 11-10-2014 by Ord. No. 14-08; amended 3-13-2017 by Ord. No. 17-04]
Any person in violation of Section 78-376 shall, upon direction of the Police Chief, Fire Chief, Director of Utilities, Finance Director/Treasurer or their designees, begin immediate actions to contain, clean up and remove to any approved repository the offending material and restore the site to its original condition, with the offending person being responsible for all expenses incurred. Should any person fail to engage the necessary men and equipment to comply or to complete the requirements of this division, the office of emergency government or City 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 from any violating party.
[Code 1992, § 13.60(3); amended 3-13-2017 by Ord. No. 17-04]
Access to any site, public or private, where a prohibited discharge
is indicated or suspected will be provided to emergency government
officers or the City evaluating the threat to the public and monitoring
containment, cleanup and restoration activities.
[Code 1992, § 13.60(4); amended 3-13-2017 by Ord. No. 17-04]
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 the situation is so critical that immediate steps must
be taken to protect life and limb, the Coordinator of Emergency Government,
his assistant or the senior City police, fire or public works 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 City Council can take appropriate action.
[Code 1992, § 13.60(5); amended 3-13-2017 by Ord. No. 17-04]
The Coordinator of Emergency Government and his deputies, as
well as the City police officers, shall have authority to issue citations
or complaints under this division.
[Code 1992, § 13.60(6); amended 3-13-2017 by Ord. No. 17-04]
Any person in violation of this division shall be liable to
the City for any expenses incurred by the City or loss or damage sustained
by the City by reason of such violation.
[Code 1992, § 13.60(7); amended 3-13-2017 by Ord. No. 17-04]
Any person in violation of this division shall be subject to a penalty as provided in Section 1-12.
