A. Hazardous Material Defined: For purposes of this section, "hazardous material" means any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.
B. Authority; Persons Liable: The city is authorized, but not required, to clean up or abate the effects of any hazardous material released, discharged or deposited upon or into any property or facilities within the city. The following described persons shall be jointly and severally liable to the city for the payment of all costs incurred by the city as a result of such cleanup or abatement activity:
1. The person or persons whose 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 hazardous substance or waste at the time of such release, discharge or deposit, without regard to fault or proximate cause;
3. The person or persons who owned or had custody or control of the container which 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; and
4. The person or persons who owned or controlled the land on which the hazardous material was deposited or from which the hazardous material was released or discharged.
C. Supervision Of Abatement: In the event that any person undertakes, either voluntarily or upon order of a city official, to clean up or abate the effects of any hazardous substance or waste released, discharged or deposited upon or into any property or facilities within the city, the city may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in subsection B of this section shall be liable to the city for all costs incurred as a result of such supervision or verification.
D. Included Costs: For purposes of this section, costs incurred by the city shall include, but shall not necessarily be limited to, the following:
1. The actual labor costs of city personnel, including benefits and administrative overhead for:
a. Traffic control, extrication and vehicle stabilization which may be required to allow fire personnel to access, stabilize and mitigate a hazardous material scene prior to the actual cleanup of the hazardous material; and
b. The cleanup or abatement of the hazardous material;
2. The costs of equipment operation used in the cleanup or abatement of the hazardous material; and
3. The cost of any contract labor and materials used in the cleanup or abatement of the hazardous material.
E. Fire Suppression Not Included: The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the fire department.
F. Remedies Additional: The remedies provided by this section shall be in addition to any other remedies provided by law. (Ord. 07-2013, 2-26-2013)