[HISTORY: Adopted by the Common Council of the City of Burlington
10-2-1990 by Ord. No. 1316(24). Amendments noted where applicable.]
No person, firm or corporation shall discharge or cause to be discharged,
leaked, leached or spilled upon any public street, alley, or public property,
or onto the ground, surface waters, subsurface waters, or aquifers, or on
any private property within the City, except those areas specifically licensed
for waste disposal or landfill activities and to receive such materials, any
explosive, flammable or combustible solid, liquid or gas, any radioactive
material at or above nuclear regulatory restriction levels, etiologic agents,
or any solid, liquid or gas creating a hazard, potential hazard, or public
nuisance or any solid, liquid or gas having a deleterious effect on the environment.
Any person, firm or corporation in violation of the above section shall,
upon direction of any member of the Emergency Management Team, begin immediate
actions to contain, cleanup and remove to an approved repository the offending
material(s) and restore the site to its original condition, with the offending
person, firm or corporation being responsible for all expenses incurred. Should
any person, firm or corporation fail to engage the necessary people and equipment
to comply or to complete the requirements of this section, the Emergency Management
Coordinator or his designee may order the required actions to be taken by
public or private resources and allow the recovery of any and all costs incurred
by the City of Burlington.
Access to any site, public or private, where a prohibited discharge
is indicated or suspected will be provided to emergency government officers
and staff and to City Police and Fire Department personnel for the purpose
of evaluating the threat to the public and monitoring containment, cleanup
and restoration activities.
Should any prohibited discharge occur that threatens the life, safety
or health of the public at, near or around the site of a prohibited discharge,
and where the situation is so critical that immediate steps must be taken
to protect life and limb, the Emergency Management Coordinator, his assistant,
or the senior City police or fire official on the scene of the emergency may
order an evacuation of the area or take other appropriate protective steps
for a period of time until the Common Council can take appropriate action.
The Emergency Management Coordinator and his deputies, as well as the
City police officers, shall have authority to issue citations or complaints
under this chapter.
Any person, firm or corporation in violation of this chapter shall be
liable to the City of Burlington for any expenses incurred by the City for
loss or damage sustained by the City by reason of such violations.
