In order to reduce the danger to the public health, safety and
welfare from the leaks and spills of hazardous substances, these regulations
are promulgated to establish responsibility for the treatment, removal
and cleanup of hazardous substance spills within the City limits.
As used in this chapter, the following terms shall have the
meanings indicated:
CLEANUP
Actions necessary to contain, collect, control, identify,
analyze, clean up, treat, disperse, remove or dispose of a hazardous
substance.
HAZARDOUS CONDITION
Any situation involving the actual, imminent or probable
spillage, leakage or release of a hazardous substance onto the land,
into a water of the state or into the atmosphere which creates an
immediate or potential danger to the public health or safety or to
the environment.
HAZARDOUS SUBSTANCE
Any substance or mixture of substances that presents a danger
to the public health or safety and includes, but is not limited to,
a substance that is toxic, corrosive or flammable, or that is an irritant
or that generates pressure through decomposition, heat or other means.
"Hazardous substance" may include any hazardous waste identified or
listed by the Administrator of the United States Environmental Protection
Agency under the Solid Waste Disposal Act as amended by the Resource
Conservation and Recovery Act of 1976, or any toxic pollutant listed
under Section 307 of the Federal Water Pollution Control Act as amended
to January 1, 1977, or any hazardous substance designated under Section
311 of the Federal Water Pollution Control Act as amended to January
1, 1977, or any hazardous material designated by the Secretary of
Transportation under the Hazardous Materials Transportation Act.
RESPONSIBLE PERSON
A person who at any time produces, handles, stores, uses,
transports, refines or disposes of a hazardous substance, the release
of which creates a hazardous condition, including bailees, carriers
and any other person in control of a hazardous substance when a hazardous
condition occurs, whether the person owns the hazardous substance
or is operating under a lease, contract or other agreement with the
legal owner of the hazardous substance.
Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous substance, so that the hazardous substance or a constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including groundwaters, the responsible person shall cause the condition to be remedied by a cleanup, as defined in §
169-2, as rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be borne by the responsible person. If the responsible person does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the City may, by an authorized officer, give reasonable notice, based on the character of the hazardous condition, said notice setting a deadline for accomplishing the cleanup and stating that the City will proceed to procure cleanup services and bill the responsible person for all costs associated with the cleanup if the cleanup is not accomplished within the deadline. In the event that it is determined that immediate cleanup is necessary as a result of the present danger to the public health, safety and welfare, then no notice shall be required and the City may proceed to procure the cleanup and bill the responsible person for all costs associated with the cleanup. If the bill for those services is not paid within 30 days, the City Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the City to finance, the authorized officer shall report to the Council and immediately seek any state or federal funds available for said cleanup.
The responsible person shall be strictly liable for all of the
following:
A. The reasonable cleanup costs incurred
by the City as a result of the failure of the responsible person to
clean up a hazardous substance involved in a hazardous condition.
B. The reasonable costs incurred
by the City to evacuate people from the area threatened by a hazardous
condition caused by the person.
C. The reasonable damages to the
City for the injury to, destruction of or loss of City property, including
parks and roads, resulting from a hazardous condition caused by that
person, including the costs of assessing the injury, destruction or
loss.
D. The excessive and extraordinary
cost incurred by the City or its agents in responding at and to the
scene of a hazardous condition caused by that person.
[Added 3-23-2023 by Ord.
No. 23-02]
The City shall not be liable to any person for claims of damages, injuries or losses resulting from any hazardous condition, unless the City is the responsible person as defined in §
169-2.