As used in this article, the term hazardous material shall mean any compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison, radioactive material or any substance that due to its nature may cause death or disability injury upon contact therewith.
(Code 1986)
The provisions of this article shall not apply to any container which shall have a capacity of 150 gallons or less which shall be used for the purpose of supplying fuel for the vehicle on which it is mounted. These provisions shall also not apply to vehicles, trailers, containers or tanks containing anhydrous ammonia or other material primarily used by farmers for fertilizer purposes when such vehicles, trailers, containers or tanks are parked or housed upon property designated for the placement of such vehicle, trailer, container or tank by any farmers cooperative, elevator company or farm supply store located within the city limits.
(Code 1986)
Except as provided in section 14-404 it shall be unlawful for any person, firm, corporation or other entity to transport any hazardous material upon any street, avenue, highway, road, alley or any other public right-of-way in the city.
(Code 1986)
The provisions of section 14-403 shall apply to all streets, avenues, highways, roadways, alleys or other public rights-of-way within the city except those specified within this section where transportation of hazardous materials shall be allowed. Transportation of hazardous materials shall be allowed upon the following streets, avenues, highways or roadways:
(a) Highway 25 to Bridge Street.
(b) Railroad Avenue.
(c) Bopp Blvd. to Highway 50.
(Code 1986)
(a) It shall be unlawful for any person, firm, corporation or other entity to park any vehicle, trailer or semi-trailer carrying any hazardous material within any of the following city zoning districts as defined in Chapter 16 of this code:
(b) Except as provided in subsections (c) and (d), it shall be unlawful for any person, firm, corporation or other entity to park any vehicle, trailer or semi-trailer carrying any hazardous material within any of the following city zoning districts as defined in Chapter 16 of this code:
(c) Subsection (b) shall not apply to vehicles, trailers or semi-trailers parked for continuous periods of time not to exceed one hour where such vehicles, trailers or semi-trailers are parked along those routes specified in section 14-404 of this code.
(d) Subsection (b) shall not apply to any vehicle, trailer or semi-trailer carrying any hazardous material where such vehicle, trailer or semi-trailer is not parked within 500 feet of any structure used for human habitation.
(Code 1986)
If any vehicle, trailer or a semi-trailer is found parked in violation of the provisions of this article, the fire chief or assistant chief or any law enforcement officer may require the owner, operator or lessee of the trailer to move it within two hours. If such removal is not accomplished on the order of any such officer, it may be accomplished by any such officer, by any reasonable means, if the continued presence of the trailer or semi-trailer at its parked location constitutes, adds to or prevents correction of a situation threatening imminent injury or damage to persons or property.
(Code 1986)
(a) The fire chief of the City of Lakin is authorized to clean-up or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into any property or facilities within the city. The following described persons shall be jointly and severally liable to the city for the payment of all costs incurred by the city as a result of such clean-up or abatement activity:
(1) The person or persons whose negligent or willful act or omission proximately caused such release, discharge or deposit;
(2) The person or persons who owned or had custody or control of the hazardous substance or waste at the time of such release, discharge or deposit, without regard to fault or proximate cause;
(3) The person or persons who owned or had custody or control of the container which held such hazardous waste or substance at the time or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause;
(b) In the event that any person undertakes, either voluntarily or upon order of the fire chief or other city official, to clean-up or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into any property or facilities within the City of Lakin, the fire chief may take such action as is necessary to supervise or verify the adequacy of the clean-up or abatement. the persons described in subsection (a) of this section shall be liable to the city for all costs incurred as a result of such supervision or verification.
(c) For purposes of this section, “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 into the workplace or the environment.
(d) For the purposes of this section, costs incurred by the city shall include, but shall not necessarily be limited to, the following:
(1) Actual labor, costs of city personnel, including benefits and administrative overhead;
(2) Costs of equipment operations;
(3) Costs of any contract labor and materials;
(4) Any other costs reasonably necessary to effectuate the activity of clean-up of hazardous materials;
(e) The remedies provided by this section shall be in addition to any other remedies provided by law.
(f) The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the fire department.
(Ord. 618, Sec 1)