Any substance or material(s) in a quantity or form which,
in the determination of the fire chief or his designee, poses an unreasonable
and imminent risk to the life, health, or safety of persons or property
or to the ecological balance of the environment, and includes but
is not limited to such substances as explosives, radioactive materials,
petroleum or petroleum products or gases, poisons, and etiologic (biologic)
agents.
(Ordinance 2012-07 adopted 3/12/12)
Any party(ies) who accidentally, negligently or intentionally
causes or is responsible for a spill of hazardous material as defined
herein which affects public or private property within the city, shall
be liable for the payment of all costs incurred by the city in the
effort to mitigate and abate the hazard. The remedy provided by this
article shall be in addition to any other remedies provided by law.
(Ordinance 2012-07 adopted 3/12/12)
For the purpose of this article, costs incurred by the city
shall include, but not be limited to all actual out-of-pocket expenses
attributable to the abatement or clean up of the hazardous material(s),
including costs of equipment operations, costs of materials utilized,
costs of third-party specialists, experts or contract labor not in
the full-time employment of the city, overhead costs, overtime costs
and any other incidental costs incurred by the city. Basic costs associated
with fire department services shall be $400.00 per hour for each engine
or truck company and $200.00 per hour for each medical unit.
(Ordinance 2012-07 adopted 3/12/12)
