Loading...
The responsible person shall be strictly liable for all of the following:
(A) The reasonable cleanup costs incurred by the city as a result of the failure of the responsible person to clean up a hazardous substance involved in a hazardous condition;
(B) The reasonable costs incurred by the city to evacuate people from the area threatened by a hazardous condition caused by the person; and
(C) The reasonable damages to the city for the injury to, destruction of, or loss of city property, including parks and roads, resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction or loss.
(1999 Code, § 37.04)
(A) A person manufacturing, storing, handling, transporting or disposing of a hazardous substance shall notify the State Department of Natural Resources and the Police Department of the occurrence of a hazardous condition as soon as possible but not later than six hours after the onset of the hazardous condition or discovery of the hazardous condition. The Police Chief shall immediately notify the Department of Natural Resources.
(B) Any other person who discovers a hazardous condition shall notify the Police Department, which shall then notify the Department of Natural Resources.
(1999 Code, § 37.05)
(A) If the circumstances reasonably so require, the law enforcement officer, Fire Department personnel or an authorized representative may:
(1) Evacuate persons from their homes to areas away from the site of a hazardous condition; and
(2) Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to cleanup personnel.
(B) No person shall disobey an order of any law enforcement officer issued under this section.
(1999 Code, § 37.06)
The city shall not be liable to any person for claims of damages, injuries or losses resulting from any hazardous condition, unless the city is the person having control over a hazardous substance as defined in § 34.66.
(1999 Code, § 37.07)