§ 15-55. Hazardous materials response; recovery of costs.

(a)

Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates another meaning:

Hazardous material means any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released.

Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of any hazardous material into or on any structure, land, water, or air.

Threatened release means any imminent or impending event potentially causing but not resulting in a release and which causes the city to respond.

(b)

Authority of fire chief. The fire chief is authorized to clean up or abate the effects of any release of hazardous material and to respond to any threatened release.

(c)

Liability. The following described persons shall be jointly and severally strictly liable to the city for the payment of all costs incurred by the city as a result of any cleanup or abatement of hazardous materials or as a result of a city response to a threatened release of hazardous materials:

(1)

The person whose negligent or willful act or omission caused such release or threatened release;

(2)

The person who owned or had custody or control of the hazardous material at the time of such release or threatened release, without regard to fault or cause; and

(3)

The person who owned or had custody or control of the container which held such hazardous material at the time or immediately prior to such release or threatened release, without regard to fault or cause.

(d)

Approval and supervision fire chief. In the event that any person undertakes, either voluntarily or upon order of the fire chief or his designated representative, to clean up or abate the effects of any release of hazardous material, the fire chief may take such action is necessary to supervise or verify the adequacy of the cleanup or abatement. The person undertaking any cleanup must be approved by the fire chief or his designated representative before beginning the cleanup. The persons described in subsection (b) of this section shall be liable to the city for all costs incurred as a result of such supervision or verification.

(e)

Recovery of costs.

(1)

City personnel and departments involved in a response to a release or threatened release shall keep an itemized record of their actions. After the completion of the response, all departments shall certify the costs of their actions to the city administrator.

(2)

The city shall submit a written itemized claim for the total costs incurred by the city to the responsible person and a written notice that unless the amounts are paid in full within 30 days, the city will file a civil action for recovery of such costs.

(3)

For purposes of this section, costs incurred by the city shall include, but shall not necessarily be limited to, the following:

a.

Compensation of city personnel, including benefits and administrative overhead;

b.

Use of equipment operation;

c.

Any contract labor and materials;

d.

Disposable materials and supplies consumed or expended;

e.

Rental or leasing of equipment;

f.

Replacement of equipment contaminated beyond the capacity for reuse or repair;

g.

Decontamination of equipment;

h.

Special technical services;

i.

Laboratory tests;

j.

Cleanup, storage, or disposal of hazardous material;

k.

Evacuation;

l.

Medical care;

m.

Legal services, including efforts to recover costs pursuant to this section.

Costs shall not include actual fire suppression services that are normally or usually provided by the fire department.

(f)

Additional remedies. The remedies provided by this section shall be in addition to any other remedies provided by law.

(Ord. No. O-45-11, § 2, 10-20-2011)