212.02  UNAUTHORIZED SPILLS, RELEASES OR DISCHARGES OF HAZARDOUS MATERIALS; PROCEDURE TO RECOVER COSTS.
   The City Council approves the following procedure for the recovery of costs incurred by the City to investigate, mitigate, remove and abate unauthorized spills, releases and discharges of hazardous materials.
   (a)   Definitions.  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   "Disaster services" means any service provided by the City to investigate, clean-up, remove or mitigate any spill, release or discharge deemed by the Fire Chief or his or her designee to be a hazard to the public health, environment or property.
      (2)   "Emergency action" means any action required to investigate and minimize the potential damage to public health, environment or property caused by the spill, release or discharge upon discovery.
      (3)   "Hazardous materials" means any substance defined by Federal, State or local statutes to be a hazardous material, hazardous substance, toxic material or toxic substance.  This includes materials determined by the Fire Chief or his or her designee to be hazardous.
   (b)   Procedure.  Any person or entity responsible for any necessary investigation and/or causing or allowing an unauthorized spill, release or discharge of a hazardous material into or upon the environment is liable to the City for the cost of disaster services rendered.  The costs shall be paid by the person or entity responsible for any investigation and/or causing or allowing the unauthorized spill, release and discharge of hazardous materials into or upon the environment that requires emergency action to protect the public health or safety of the environment.  The Fire Chief, or his or her designee, shall keep a detailed record of its costs for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release and discharge of hazardous materials.  Promptly after the completion of such measures, the Fire Chief, or his or her designee, shall certify those costs to the Law Director, as appropriate, and shall request that the Law Director bring a civil action for recovery of costs against the person or entity responsible for the investigation of and/or the unauthorized spill, release and discharge of hazardous materials.  Not less than 30 days before bringing the civil action, the Law Director shall submit a written itemized claim for the total certified costs incurred by the City and a written notice that unless the amount is paid to the City within 30 days after the date of mailing the claim and notice, the City will file a civil action for the amount due.  Moneys recovered under this division (b) shall be credited to the appropriate funds of the City from which moneys were expended in performing the emergency action.
   (c)   Emergency Services Contracts.  The Fire Chief, without compliance with formal bidding procedures, may enter into standby professional emergency services agreements with qualified, licensed, insured "hazardous materials" service providers for emergency abatement of hazardous materials incidents.  Such providers shall be selected on the basis of quoted service rates, qualifications and availability.
(Ord. 01-20.  Passed 10-23-01.)