(A) Purpose. The purpose of this section is to enable the city to require reimbursement from those responsible for the leaking, spilling, releasing, or otherwise allowing certain hazardous materials to escape containment, and which are then cleaned up and/or disposed of by the city or its agents.
(B) Hazardous materials. Hazardous materials are defined as any substance which if spilled, leaked, or otherwise released from its container, is dangerous or harmful to the environment or human or animal life, health, or safety, or otherwise constitutes a danger or threat to the public health, safety or welfare. Hazardous materials shall include, but not be limited to, such substances as chemicals and gases, explosives, radioactive materials, petroleum, or petroleum based products, poisons, biologic agents, flammables, combustibles, hazardous wastes or corrosives. The Director of Public Safety, or the director's designee, shall have reasonable discretion to determine whether any particular substance constitutes a hazardous material.
(C) Duty to contain remove and clean up. It shall be the duty of any person or entity which directly or indirectly causes, contributes to, or allows the release including spilling, leaking, emitting, discharging, escaping, or any other dissemination, of hazardous materials to immediately contain, remove and clean up the area of such release in such manner that the area involved is fully restored to its condition before such release occurred. The city shall have no duty to contain, clean up or dispose of any such release but in emergency situations the Director of Public Safety, or the directors designee, shall have the authority to take whatever action is reasonably necessary to protect the health, safety, and welfare of the general public including providing for or arranging for the containment removal or clean up of any hazardous materials.
(D) Failure to remove and clean up. Any person or entity failing to comply with division (C) hereof, where the city has acted to protect the health, safety and welfare of the general public, shall be liable to and shall pay the city for its costs and expenses, including the costs incurred by the city to any party which it engages, for the complete containment and/or clean up of the hazardous material in any area affected by the hazardous material. Costs incurred by the city shall include, but shall not be limited to, the following:
(1) Actual labor costs of city personnel, including workers compensation benefits, fringe benefits administrative overhead;
(2) Cost of equipment operation and of materials obtained directly by the city; and
(3) Cost of any contract labor and materials, including costs of any consultants or expert advisers.
(Ord. 8.2A1, passed 7-21-92; Am. Ord. passed 5-5-93) Penalty, see § 95.99