(a) No person shall, without lawful authority, produce, place, dispose of, deposit or allow to be collected, stored or transported within the City, any type of hazardous waste.
(b) The Fire Department is hereby authorized to clean-up or abate the efforts of any hazardous waste deposited upon or into property or facilities within the City. Any person who intentionally or negligently causes such deposit shall be liable for the payment of all costs incurred by the Fire Department as a result of such clean-up or abatement activity. The remedy provided by this division shall be in addition to any other remedies provided by law.
(c) For purposes of this section, costs incurred by the Fire Department shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including workers' compensation benefits, fringe benefits and administrative overhead; costs of equipment operation; costs of materials obtained directly by the City; and costs of any contract labor and materials.
(d) The authority to recover costs in this section shall not include actual fire suppression services which are normally or usually provided by the Fire Department.
(e) For the purposes of this section, "hazardous waste and/or substances" shall be defined as any substance now or in the future judge hazardous by either the State or Federal Environmental Protection Agency or their successors or assigns.
(f) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 597.02.
(Ord. 1991-22. Passed 5-13-91.)