The Fire Department is authorized to clean up or abate the effects of
any hazardous material deposited upon or into property or facilities of the
city; and any person or persons who intentionally or negligently caused such
deposits or spills shall be liable for the payment of all costs incurred by
the Fire Department as a result of such cleanup or abatement activity. The
remedy provided by this section shall be in addition to any other remedies
provided by law.
As used in this chapter, the following terms shall have the meanings
indicated:
COSTS INCURRED BY THE FIRE DEPARTMENT
Includes, but shall not be limited to, the following: actual labor
costs of city personnel, including workman compensation benefits, fringe benefits,
administrative overhead, cost of equipment operation, cost of materials obtained
directly by the city, and cost of any contract labor and materials.
HAZARDOUS MATERIALS
Any substance or materials in a quantity or form which, in the determination
of the Fire Chief or his or her authorized representative, poses an unreasonable
and imminent risk to 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 or gases, poisons, etiological or biological agents and flammable
and corrosive agents.
The authority to recover costs under this chapter shall not include
fire suppression services which are normally provided by the Fire Department.