[11-2-1999; 2016 Code]
In this chapter.
Means the actual costs incurred by any department, agency
or utility of the city in the response, control or abatement of any
objectionable material, including, but not limited to, expenses for
equipment, including assumed depreciation, personnel, including benefits,
costs of materials used, meals for all personnel involved, costs of
specialists, medical expenses for exposures, injuries or illnesses
resulting from an incident, experts or other contract labor not in
the full-time employment of the city, costs incurred by area police
and fire departments requested through mutual aid agreements with
the city, and any other incidental costs incurred by the city as a
result of such incident.
Means all areas outside of the boundaries of the city where
the city, by virtue of contracts with towns, fire departments, other
municipalities or federal, state, or local agencies, allows any department,
agency or utility of the city to enter to provide assistance required
by such contract.
Means any area, place, or property where an objectionable
material has been released, deposited, stored, disposed of, or otherwise
comes to be located.
Means material, waste, or a combination of waste and material
including solid, liquid, semisolid or contained gaseous material which,
because of its quantity, quality, concentration or other physical,
chemical or general characteristic, if improperly treated, stored,
transported, disposed of or otherwise managed, poses a substantial
present or potential hazard to human health or the environment or
which represents a public nuisance by virtue of its consistency, appearance,
odor or other characteristic.
Means the following persons who, by their actions, cause
a release or threatened release of an objectionable material: a) The
owner or operator of a facility; b) The owner or operator of the facility
since the time of disposal of any objectionable material; c) The owner
or operator of the facility since the time of disposal of an objectionable
material not included in subsections a) and b) of this definition;
d) A person that by contract, agreement, or otherwise arranged for
disposal or treatment, or arranged with a transporter for transport
for disposal or treatment of an objectionable material owned or possessed
by the person, by any other person, at the facility owned or operated
by another person and containing the objectionable material; e) A
person that accepts or accepted any objectionable material for transport
to the facility selected by that person; f) The owner or operator
of any vehicle, trailer or other transportation device from which
an objectionable material escapes.
[11-2-1999; 2016 Code]
It shall be the duty of a responsible party who accidentally,
negligently, or intentionally causes or is responsible for a release,
spill or other dissemination of any objectionable material affecting
property within the city or its extraterritorial jurisdiction to immediately
undertake and complete the total cleanup of such objectionable material.
The cleanup shall be conducted in such a manner as to ensure that
all such objectionable material is fully removed and properly disposed
of and the area is fully restored to its condition before the release,
spill or other dissemination of such objectionable material.
[11-2-1999; 2016 Code]
If after having been notified by the city, a responsible party
fails to conduct a cleanup of any objectionable material within the
time specified in the notice, the city may enter into such property
and to conduct a cleanup and proper disposal of all such objectionable
material either by city employees or by contractors or other agents
of the city, the responsible party shall be liable to the city for
all cleanup costs incurred by the city for removal, disposal and the
restoration of the property to its former condition.
[11-2-1999; 2016 Code]
The amounts that may be charged by any department, agency or
utility of the city and assessed to a responsible party as cleanup
costs shall be established from time to time by resolution of the
council.
[11-2-1999; 2016 Code]
The remedies provided by this chapter shall be in addition to
any other remedies provided by law.
