The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Hazardous material.
Any substance or material in a quantity or form which, in the determination of the fire chief or his authorized representative, poses a risk to persons, property or the environment, including but not limited to such substances as explosives, radioactive materials, petroleum products, poisons, compressed or liquefied gases, etiologic (biologic) agents, oxidizers, corrosives, carcinogens, cryogens and organic peroxides.
Hazardous material incident.
The release, or potential release, of any hazardous material from its container into the environment.
(1993 Code, sec. 99.01; 2006 Code, sec. 82-401; Ordinance 408, sec. 2, adopted 4/7/97)
Any party who accidentally, negligently, or intentionally causes or is responsible for a hazardous material incident within the city shall be liable for the payment of costs incurred by the fire department, police department, health department, public works department, and any other department or agency which assists in abating such an event. The remedy provided by this section shall be in addition to any other remedies provided by law.
(1993 Code, sec. 99.02; 2006 Code, sec. 82-402; Ordinance 408, sec. 1, adopted 4/7/97)
For the purposes of this article, costs incurred by the fire department, police department, health department, public works department, or other departments of the city shall include, but not be limited to, expenses attributable to the abatement or cleanup of any hazardous material incident, including costs of personnel, costs of equipment operations, costs of materials and supplies, costs of specialists, experts or other contract labor not in the full-time employment of the city, disposal costs, overhead costs, overtime costs and any other incidental costs incurred by the city. Basic costs associated with fire department services shall be in accordance with the adopted fee schedule in appendix A of this code. The responsible party shall be billed for the recovery of costs described above as follows:
(1) 
For the first hour of an incident, measured from the time the first fire department vehicle arrives at the scene of the incident, only the cost of materials, supplies, disposal, and specialists/experts not in full-time employment of the city shall be billable.
(2) 
Beginning one hour after the first fire department vehicle arrives at the scene of the incident, all costs described in this section shall be billable.
(1993 Code, sec. 99.03; 2006 Code, sec. 82-403; Ordinance 408, sec. 3, adopted 4/7/97; Ordinance adopting 2015 Code)
Permits for open burning to facilitate land clearing will be issued subject to the restrictions of the fire department, the health department, and the appropriate state regulating agency. The fee for open burning permits shall be in accordance with the adopted fee schedule in appendix A of this code.
(1993 Code, sec. 99.04; 2006 Code, sec. 82-404; Ordinance 408, sec. 4, adopted 4/7/97; Ordinance adopting 2015 Code)
Permits shall be required for the storage, handling, or use of hazardous materials in excess of the amounts outlined on the most current list of chemicals with an immediate danger to life and health (IDLH) issued by the Environmental Protection Agency (EPA). Copies of such lists are maintained in the office of the fire chief. The fee for hazardous materials permits shall be in accordance with the adopted fee schedule in appendix A of this code. Application for hazardous materials permits will be made to the city permit office.
(1993 Code, sec. 99.05; 2006 Code, sec. 82-405; Ordinance 408, sec. 5, adopted 4/7/97; Ordinance adopting 2015 Code)
Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city, the fire chief or his authorized representative, both for injunctive relief as may be necessary to enforce the provisions of this article, and for the collection of damages as provided herein.
(1993 Code, sec. 99.06; 2006 Code, sec. 82-406; Ordinance 408, sec. 6, adopted 4/7/97)