Chapter 7 · Fire

Article 4. Hazardous Materials

Sections 7-401 to 7-405 · 5 sections

7-401 Hazardous material defined.

As used in this article, the term hazardous material shall mean any material or combination of materials which, because of its quantity, concentration, or physical, chemical, biological, or infectious characteristics, poses a substantial present or potential hazard to human health or safety or the environment if released into the workplace or environment or when improperly treated, stored, transported, or disposed of or otherwise managed.

(Ord. 619, Sec. 1; Code 2003)

7-402 Hazardous materials cleanup; recovery of costs.

The fire chief of the city is authorized to cleanup or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited upon or into any property of facilities within the city. The following described person shall be jointly and severally liable to the city for the payment of all costs incurred by the city as a result of such cleanup or abatement activity:

(a)The person or persons whose negligent or willful act or omission proximately caused such release, discharge or deposit;

(b)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;

(c)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.

(Ord. 618, Sec. 1)

7-403 Same.

In the event that any person undertakes, either voluntarily or upon order of the fire chief or other city official, to cleanup 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 fire chief may take such action as is necessary to supervisor or verify the adequacy of the cleanup or abatement. The persons described in section 7-402 shall be liable to the city for all costs incurred as a result of such supervision or verification.

(Ord. 618, Sec. 1)

7-404 Costs; definition.

(a)For 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 operation;

(3)Costs of any contract labor and materials;

(4)Any other costs reasonably necessary to effectuate the activity of cleanup of hazardous materials.

(b)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)

7-405 Remedies.

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

(Ord. 619, Sec. 1)