CHAPTER 90: HAZARDOUS SUBSTANCES
Section
   90.01   Purpose
   90.02   Definitions
   90.03   Cleanup required
   90.04   Costs; liability for cleanup
   90.05   Notifications
   90.06   Authority
   90.07   Damages, losses and the like
§ 90.01 PURPOSE.
   In order to reduce the danger to the public health, safety and welfare from the leaks and spills of hazardous substances, these regulations are promulgated to establish responsibility of the treatment, removal and cleanup of hazardous substance spills within the county.
(Ord. 26, passed 10-30-2008)
§ 90.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CLEANUP. Actions necessary to contain, collect, control, identify, analyze, cleanup, treat, disperse, remove or dispose of a hazardous substance.
   HAZARDOUS CONDITION. Any situation involving the actual, imminent or probable spillage, leakage or release of a hazardous substance onto the land, into a water of the state or into the atmosphere which creates an immediate or potential danger to the public health or safety or to the environment. For purposes of this definition, a site which is a hazardous waste or hazardous substance disposal site as defined in Iowa Code § 455B.411, subs. 4, as amended, is a HAZARDOUS CONDITION.
   HAZARDOUS SUBSTANCE. Any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive or flammable, or that is an irritant or that generates pressure through decomposition, heat or other means. HAZARDOUS SUBSTANCE may include any hazardous waste identified or listed by the Administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act, being 42 U.S.C. §§ 82 et seq., as amended by the Resource Conservation and Recovery Act of 1976, being 42 U.S.C. §§ 6901 et seq., or any toxic pollutant listed under § 307 of the Federal Water Pollution Control Act, being 33 U.S.C. §§ 36 et seq., as amended to 1-1-1977, or any hazardous substance designed under § 311 of the Federal Water Pollution Control Act, being 33 U.S.C. §§ 36 et seq., as amended to 1-1-1977, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act, being 9 U.S.C. §§ 5101 et seq.
   RESPONSIBLE PERSON. A person who at any time produces, handles, stores, uses, transports, refines or disposes of a hazardous substance, the release of which creates a hazardous condition, including bailees, carriers and any other person in control of a hazardous substance when a hazardous condition occurs, whether the person owns the hazardous substance or is operating under a lease, contract or other agreement with the legal owner of the hazardous substance.
(Ord. 26, passed 10-30-2008)
§ 90.03 CLEANUP REQUIRED.
   (A)   Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or release of a hazardous substance, so that the hazardous substance or a constituent of the hazardous 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 § 90.02 of this chapter, as rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be borne by the responsible person.
   (B)   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 county may, by an authorized officer such as the Emergency Management Coordinator (EMC), give reasonable notice, based on the character of the hazardous condition, said notice setting a deadline for accomplishing the cleanup and stating that the county will proceed to procure cleanup services and bill the responsible person for all costs associated with the cleanup if the cleanup is not accomplished within the deadline. In the event that it is determined that immediate cleanup is necessary as a result of the present danger to the public health, safety and welfare, then no notice shall be required and the county may proceed to procure the cleanup and bill the responsible person for all costs associated with the cleanup. If the bill for those services is not paid within 30 days, the County Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the county to finance, the EMC shall report to the Board of Supervisors and immediately seek any state or federal funds available for said cleanup.
(Ord. 26, passed 10-30-2008) Penalty, see § 10.99
§ 90.04 COSTS; LIABILITY FOR CLEANUP.
   The responsible person shall be strictly liable to the county for all of the following:
   (A)   The reasonable cleanup costs incurred by the county as a result of the failure of the responsible person to clean up a hazardous substance involved in a hazardous condition;
   (B)   The reasonable costs incurred by the county to evacuate people from the area threatened by a hazardous condition caused by the responsible person;
   (C)   The reasonable damages to the county for injury to, destruction of or loss of county property, including parks and roads, resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction or loss;
   (D)   The reasonable costs incurred by the county in containing and/or controlling a hazardous condition; and
   (E)   The costs referenced above shall be as determined by local fire chief for: manpower, apparatus, ambulance/rescue squad, command vehicle or utility truck, supplies and outside services, mileage and decontamination, repairs, replacement, maintenance of equipment, apparatus or supplies, plus a reasonable administrative fee. It is unlawful for any responsible person to fail to pay a billing for such services within 30 days of receipt.
(Ord. 26, passed 10-30-2008) Penalty, see § 10.99
§ 90.05 NOTIFICATIONS.
   (A)   The responsible person or representative of the responsible person shall immediately notify the County Sheriff’s Office of any release of a hazardous substance that may or has, in fact, spread beyond the confines of the responsible person’s property, thereby posing the possible or actual adverse effect of any population, public or private property, including roads, streets or alleys and their rights-of-way, or to the environment. The County Sheriff’s Office shall immediately notify the County Emergency Coordinator, who will notify the applicable emergency response services and the state’s Department of Natural Resources.
   (B)   Any other person who discovers a hazardous condition shall notify the County Sheriff’s Office, which shall then notify the County Emergency Management Coordinator, who will notify the applicable emergency response services and the Department of Natural Resources.
(Ord. 26, passed 10-30-2008)
§ 90.06 AUTHORITY.
   (A)   If the circumstances reasonably so require, a law enforcement officer or an authorized representative of the Fire Department may:
      (1)   Evacuate persons from their homes to areas away from the site of a hazardous condition; and
      (2)   Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to cleanup personnel.
   (B)   No person shall disobey an order of any law enforcement officer or authorized representative of the Fire Department issued under this section.
(Ord. 26, passed 10-30-2008) Penalty, see § 10.99
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