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Upon request of the emergency response authority, all City units shall provide any personnel, equipment and expertise as may be reasonably available to assist at the scene or immediate vicinity of a hazardous material incident taking into account the serious and immediate danger posed by hazardous material incidents. All personnel and equipment from each unit at a hazardous material incident scene or vicinity shall be under the direct supervision of the senior person from that unit or as otherwise provided by unit policy, except that the emergency response authority shall provide general supervisory control and authority at a hazardous material incident scene or vicinity and all City units and personnel shall cooperate with the emergency response authority accordingly. (Ord. 80-430; Ord. 01-42)
If a hazardous material incident occurs on private property within the corporate limits of the City or on private property for which the owner or operator has an agreement with the City for fire protection service, the owner or operator may undertake the emergency response to the hazardous material incident and shall immediately notify and coordinate the response with the emergency response authority. If the owner or operator does not undertake emergency response, or if in the judgment of the emergency response authority there exists an imminent danger to the public health and safety beyond the private property and the emergency response by the owner or operator is inadequate or insufficient to alleviate imminent danger, the emergency response authority shall be responsible for the emergency response to the hazardous material incident as provided in this article. (Ord. 80-430; Ord. 01-42)
The owner of a hazardous material and the operator of any vehicle or other conveyance by which a hazardous material is moved or transported, in the case where a hazardous material incident occurs during movement or transport, shall be jointly and severally responsible for properly cleaning up, transporting and disposing of the residue of the hazardous material incident. Proper cleanup, transport and disposal shall mean actions in compliance with all Federal and State laws and regulations pertaining to the particular hazardous material or residue as the case may be. All owners and operators shall cooperate with the emergency response authority and shall provide all reasonably available means, personnel and equipment to effect the proper cleanup, transport and disposal of the residue of the hazardous material incident. (Ord. 80-430; Ord. 01-42)
Each City unit shall develop criteria to govern those costs and expenses incurred by the unit as a result of assistance at hazardous material incidents which shall be reimbursable. Each City unit shall submit an itemized account of all reimbursable costs and expenses incurred as a result of the unit's assistance at a hazardous material incident to the owner or other person as the responsible party proximately causing a hazardous material incident. The owner or other person proximately causing a hazardous material incident shall be jointly and severally liable for reimbursement of all City costs and expenses incurred as a result of assistance or emergency response to a hazardous material incident. Upon the failure or refusal of any person to reimburse the City as provided herein, each City department shall refer the matter to the Office of the City Attorney for collection or other appropriate disposition. (Ord. 80-430; Ord. 87-27; Ord. 01-42)
A. The driver of any vehicle involved in an accident resulting in a discharge of any hazardous material upon any public or private property shall immediately stop the vehicle at the scene of the accident, or as close as possible, in which latter case the driver shall immediately return to the scene of the accident, and in any event shall remain at the scene of the accident until the requirements of this section have been met.
B. The driver of any vehicle involved in an accident resulting in a discharge of any hazardous material shall immediately notify the emergency response authority or a police officer of the discharge and shall give to the emergency response authority or police officer the driver's name, address and the registration number of the vehicle being driven. The driver shall also give the emergency response authority the name, address and telephone number of the owner of the hazardous material, if known to the driver.
C. It shall be unlawful for the driver of any vehicle involved in the discharge of any hazardous material to leave the scene of a hazardous material incident until the hazardous material is cleaned up pursuant to the requirements of this section, unless authorized to leave by the emergency response authority.
D. It shall be unlawful for any person to intentionally, knowingly or recklessly discharge any hazardous material into or upon any public or private property, unless the discharge is authorized pursuant to Federal, State or local law or regulation.
E. It shall be unlawful for any person to intentionally, knowingly or recklessly discharge any hazardous material into the wastewater treatment works of the City, including any collection line, unless authorized by Utilities. (Ord. 80-430; Ord. 98-185; Ord. 01-42)