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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
CLEANUP. The removal of the hazardous wastes or substances to a place where the wastes will not cause any danger to persons or the environment, in accordance with state rules therefor or the treatment of the material, as defined herein, to eliminate the hazardous condition, including the restoration of the area to a general good appearance without noticeable odor as far as practicable.
HAZARDOUS CONDITION. The same as set out in Iowa Code § 455B.381, subs. 4.
HAZARDOUS SUBSTANCE. Any substance as defined in Iowa Code § 455B.381, subs. 5.
HAZARDOUS WASTE. Those wastes which are included by the definition in Iowa Code § 455B.411, subs. 3, par. a.
RESPONSIBLE PERSON. The party, whether the owner, agent, lessor or tenant, in charge of the hazardous substance or hazardous wastes being stored, processed or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spill would cause danger to the public or to any person or to the environment.
TREATMENT. A method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance so as to neutralize it or to render the substance non-hazardous, safer for transport, amenable for recovery, amenable for storage or to reduce it in volume. TREATMENT includes any activity or processing designed to change the physical form or chemical composition of hazardous substance to render it non-hazardous.
(Ord. B-404, passed 4-19-1983)
Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous waste or substance, so that the hazardous substance or waste or a constituent of the hazardous waste or substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the responsible person shall cause the condition to be remedied by a “cleanup”, as defined in § 6-6-2 of this chapter, as rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be borne by the responsible person. If the responsible person does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the city may by an authorized officer give reasonable notice, based on the character of the hazardous condition, said notice setting a deadline for accomplishing the cleanup or that the city will proceed to procure cleanup services and bill the responsible person. If the bill for those services is not paid within 30 days, the City Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the city to finance it, the authorized officer shall report to the Council and immediately seek any state or federal funds available for said cleanup.
(Ord. B-404, passed 4-19-1983)
The first city officer or employee who arrives at the scene of an incident involving hazardous substances, if not a peace officer, shall notify the Police Department, which shall notify the proper state office in the manner established by the state.
(Ord. B-404, passed 4-19-1983)
(A) Precursor substances enumerated. The city declares any product containing the following items to be controlled substance precursors:
(1) Anhydrous ammonia;
(2) Ephedrine;
(3) Ether;
(4) Muriatic acid - sulfuric;
(5) Pseudoephedrine;
(6) Red phosphorus; and
(7) Substances containing lithium.
(B) Information required. All persons and/or businesses selling, transferring or otherwise passing for consideration any substances containing the above described controlled substance precursors shall require the purchaser or person receiving said substance to provide: name; address; telephone number; and produce photo identification. Said information shall be kept in a log that shall be accessible to any law enforcement officer upon request. All information provided by the purchaser, transferor or person acquiring such precursor substance shall be accurate and truthful information.
(C) Exemptions. This section shall not apply to individuals who purchase two prepackaged units or less of the above named substances. If the person or business transferring the substances chooses, however, to request and require registration of the purchaser, said business or person shall be authorized to do so pursuant to the terms of this section.
(Ord. C-411, passed 2-1-2005)