(A) (1) Whenever a hazardous condition is created so that a 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 clean-up, as defined in § 92.001 of this chapter, as rapidly as feasible to an acceptable safe condition and restore the affected area to its state prior to the hazardous condition as far as practicable. The cost of clean-up shall be borne by the responsible person.
(2) If the responsible person does not cause the clean-up 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, setting a deadline for commencing and accomplishing the clean-up or the city may proceed to procedure clean-up services. If the cost of the clean-up is beyond the capacity of the city to finance, the authorized officer shall report to the City Council and immediately seek any state or federal funds available for such clean-up.
(2013 Code, § 14.5-2)
(B) Under this chapter, the responsible person shall be strictly liable to the city for all of the following:
(1) The reasonable clean-up costs incurred by the city as a result of the failure of the person to clean up a hazardous substance or waste involved in a hazardous condition caused by that person, including emergency treatment of the hazardous condition;
(2) The reasonable costs incurred by the city to evacuate people from the area threatened by a hazardous condition caused by the person; and
(3) The reasonable damages to the city for the injury to, destruction of or loss of city property, including parks and roads, resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction or loss.
(2013 Code, § 14.5-3)
(Ord. 14256, passed 5-11-1987) Penalty, see § 92.999