(A) As used in this section, “person” includes all persons, natural and artificial, and includes but is not limited to private corporations, public utilities, partners, principals, agents and employees.
(B) No person shall introduce or install within the city an electrical transformer or capacitor containing or utilizing polychlorinated biphenyls (PCBs) in a concentration of one part per million or greater.
(C) Within 45 days of the enactment of this section, all persons who own, lease, operate or maintain within the city one or more electrical transformers or capacitors containing or utilizing polychlorinated biphenyls in a concentration of one part per million or greater shall conduct a survey thereof and shall submit to the Director of Public Safety a written itemized report containing the following information: the exact location of each such transformer or capacitor; the date of original installation of each; the projected useful life of each at the time of installation; and the history of all repairs made to each.
(D) All electrical transformers or capacitors containing or utilizing polychlorinated biphenyls in a concentration of one part per million or greater and already located within the city shall be removed as soon as reasonably possible and, in any event, on or before December 31, 1985.
(E) Within thirty days of the date of filing a report pursuant to division (C) of this section, all persons who own, lease, operate or maintain within the city one or more electrical transformers or capacitors containing or utilizing polychlorinated biphenyls in a concentration of one part per million or greater shall submit a second written report to the Director of Public Safety detailing the measures which such person will take to comply with division (D) of this section.
(F) All persons who own, lease, operate or maintain within the city one or more electrical transformers or capacitors containing or utilizing polychlorinated biphenyls in a concentration of one part per million or greater shall, in the daily operation thereof, proceed as follows:
(1) Whenever a leak or discharge of any polychlorinated biphenyls is suspected or reported at any location within the city, the Director of Public Safety and the Fire Chief shall immediately be notified in person or by telephone.
(2) Any such leaking or discharging electrical transformer or capacitor shall immediately and forever be removed from the city.
(3) All such leaking and discharging of polychlorinated biphenyls shall immediately be properly disposed of, under supervision of the Fire Chief, so that upon completion no trace of polychlorinated biphenyls at a level of one part per million or greater can be detected in the surrounding environment.
(G) The Director of Law, upon the request of the Director of Public Safety, is hereby authorized to bring a civil action to enforce this section.
(H) Whoever violates division (B) or (D) of this section shall be fined not less than $100 nor more than $1,000 for each offense. Each transformer and capacitor in violation shall be deemed a separate and distinct offense, and a separate and distinct offense shall be deemed committed each day that a violation continues.
(I) Whoever violates division (C) or (E) of this section shall be fined not less than $100 nor more than $1,000 for each offense. A separate and distinct offense shall be deemed committed each day that a violation continues.
(J) Whoever violates division (F) of this section shall be subject to the penalty provided in § 202.99.
(Ord. 73-84, passed 10-15-1984)