(A) The fire department is authorized to clean up or abate the effects of any hazardous material discharged upon or into any property or facilities within the city where such discharge creates a hazard to any individual, property, or the environment. The fire department may be assisted in such cleanup or abatement by any other city department, the department of any other governmental unit or independent contractors, as necessary to protect against or eliminate such hazard.
(B) Any person who intentionally, negligently, or otherwise causes a discharge of hazardous material and any person who owns or controls the hazardous material's container at the time of discharge shall be jointly and severally liable to the city and to any other entity rendering services during the cleanup or abatement for the payment of all costs incurred by the city or those entities as a result of such cleanup or abatement by the city.
(C) The authority to recover costs under this section shall not include actual fire suppression services that are normally or customarily provided by the fire department, unless the fire involves hazardous materials, or other services normally or customarily provided by other city departments.
(D) The remedies provided by this section shall be in addition to any other remedies provided by law or this code. (Ord. 2462, 11-17-2003)