[Amended 11-17-2014 by Ord. No. 2014-05]
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 hazard, potential hazard, or public nuisance or any
solid, animal excrement, 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 law enforcement or City officer, begin
immediate actions to contain, clean up 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 men and equipment to comply or to complete
the requirements of this chapter, the Common Council 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.
Access to any site, public or private, where a prohibited discharge
is indicated or suspected will be provided to City officers and to
law enforcement 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 the situation be so critical that immediate steps must
be taken to protect life and limb, 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.
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 for any expenses incurred by the City
or loss or damage sustained by the City by reason of such violations.
[Amended 11-17-2014 by Ord. No. 2014-05]
Any person, firm or corporation in violation of this chapter shall forfeit to the City of Lancaster upon conviction thereof a penalty as provided in §
1-4 of this Code. Each day of violation shall constitute a separate offense.