A. Definitions:
BUSINESS ENTITY OR PERSON: Any corporation, sole proprietorship, partnership, limited partnership, person, firm, or other similar entity engaged in any commercial, business, or industrial transaction of any nature.
HAZARDOUS MATERIALS INCIDENT: Any incident that involves the release of any hazardous material from its intended container that has the potential to harm persons, property, or the environment.
HAZARDOUS MATERIALS RESPONSE TEAM: The hazardous materials response team of the city's fire department.
HAZARDOUS SUBSTANCE: Any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard, according to federal, state, and/or local standards and regulations, to human health and safety or to the environment if released from its intended container.
RESPONSIBLE PARTY: Jointly and severally, all persons involved in the possession, ownership, or transportation of any hazardous material that is released or abandoned, or who have legal liability for the causation of an incident resulting in the release or abandonment of any hazardous material.
B. Nuisance: Due to the harmful effects of hazardous substances, a hazardous materials incident is hereby declared to be a nuisance.
C. Response: The Enid fire department is authorized to respond to any hazardous materials incident within or outside the city of Enid in order to mitigate the effects of any hazardous substance or waste unlawfully, accidentally, or negligently released, discharged, or deposited upon or into any property or facilities within the city.
D. Responsibility: The following described persons shall be liable to the city for the payment of all costs incurred by the city as a result of a hazardous materials incident:
1. The person or persons whose accidental, negligent, or wilful act or omission proximately caused such release, discharge, or deposit;
2. The person or persons who owned or had custody or control of the container that held such hazardous substance or waste at the time of such release, discharge, or deposit without regard to fault or proximate cause; and
3. The person or persons who owned or had custody or control of the container that 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.
E. Costs: The costs for responding to a hazardous materials incident by the city shall be computed as provided for in section 2-6D-3 of this code.
F. Service Limits: The service provided by the hazardous materials response team is limited to the initial emergency response to a hazardous materials incident and includes only those stabilization and protective measures deemed necessary and feasible by the incident commander to initially address the immediate threat to the public health and safety. Deployment of the team beyond the scope of the team's resources and capabilities for such an initial response is not contemplated under this section and the city reserves the right to terminate the services of the team at any time after arrival at the site. Protective and stabilization requirements continuing beyond the cessation of service, along with the cleaning up, removal, or disposal of hazardous materials, and any testing, monitoring, or long term care of the site of the hazardous materials incident shall remain the duty of the responsible party. The provisions of this section shall not be construed to excuse or exempt any responsible party from any legal duties, liabilities, or costs associated with the hazardous materials release or abandonment other than the costs for the services of the hazardous materials response team for the duration of the service call.
G. Appeal: Anyone assessed the costs of mitigating a hazardous materials incident may appeal the assessment to the mayor and board of commissioners by notifying the city clerk in writing within ten (10) days of receipt of the notification of the assessment. (Ord. 2012-14, 6-19-2012)