Any person or entity who accidentally, negligently, or intentionally causes or is responsible for a spill or escape of hazardous materials on any public or private property within the city shall take immediate responsive action to confine, contain and abate such spill or escape in accordance with federal, state and local regulations, including but not limited to regulations adopted by or pursuant to the following agencies or acts: Superfund Amendment and Reauthorization Act (SARA title III); Resource Conservation and Recovery Act (RCRA); Comprehensive Environmental Response Compensation and Liability Act (CERCLA); Texas Hazardous Substances Spill Prevention and Control Act; Occupational Safety and Health Administration (OSHA); National Fire Protection Association (NFPA); Environmental Protection Agency (EPA); state emergency response commission (SERC); local emergency planning committee (LEPC); department of state health services (DSHS); state water commission (TWC); or the rules and regulations of any other such agency. The failure to take such immediate responsive action as provided above shall be a violation of this article.
(1987 Code, ch. 7, sec. 7A; 2004 Code, sec. 8.701)
In the event that it is determined in the discretion of the fire marshal of the city that the abatement of any hazardous materials spill or escape is not being promptly or properly conducted by the responsible person, the fire marshal may utilize the city fire department and other departments, agencies, or entities which are authorized to assist in the abatement of hazardous material spills. The responsible person or entity shall be liable for the payment of all costs and expenses incurred in connection with the abatement of such spill or escape. The failure of the responsible person or entity to pay all such costs and expenses within ten (10) days of receipt of a statement shall be in addition to any other remedies provided by law.
(1987 Code, ch. 7, sec. 7B; 2004 Code, sec. 8.702)
For purposes of this article, costs incurred by the fire department or other departments or entities shall include, but shall not be limited to, all actual out-of-pocket expenses attributable to the abatement or clean-up of any hazardous materials, including costs of equipment operations, costs of materials utilized, costs of specialists, experts, and other contract labor not in the full-time employment of the city, overtime costs, and other incidental costs incurred by the city as a result of said incident. The authority to recover costs under this article shall not include fire suppression, rescue, medical services, etc., which are normally or usually provided by the fire department or other city departments and are unrelated to a particular hazardous materials incident.
(1987 Code, ch. 7, sec. 7C; 2004 Code, sec. 8.703)
For purposes of this article, hazardous materials shall be defined as any substance designated as such by the administrator of the Environmental Protection Agency pursuant to CERCLA, and any other substances or materials in a quantity or form which, in the determination of the fire chief or his authorized representative, 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 shall include but not be limited to such substances as explosives, radioactive materials, petroleum or petroleum products, gases, poisons, ebiologic [etiologic] (biologic) agents, flammables, and corrosives.
(1987 Code, ch. 7, sec. 7D; 2004 Code, sec. 8.704)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(1987 Code, ch. 7, sec. 7E; 2004 Code, sec. 8.705)
All rights and remedies of the city are expressly saved as to any and all violations of the provisions of any ordinances affecting the cleanup of spills or escapes of hazardous materials which have accrued at the time of the effective date of this article, and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this article but may be prosecuted until final disposition by the courts.
(1987 Code, ch. 7, sec. 7F; 2004 Code, sec. 8.706)