Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances that requires action of the Fire Department of the City or its authorized agents, in order to protect the public health, safety or welfare, shall be jointly and severally liable to the City for the costs incurred by the City in investigating, mitigating, minimizing, cleaning up, removing and/or abating any such discharge.
A. A responsible person, for purposes of this Section, is any person who:
1. Owns or operates a facility or property upon or from which a hazardous substance was discharged:
a. When the hazardous material was placed or came to be located in or on the facility or property;
b. When the hazardous material was located in or on the facility, but before the discharge of the hazardous substance; or
c. During the time of the discharge at the facility or property.
2. Owned or possessed the hazardous substance and arranged by contract, agreement or otherwise for the disposal, treatment or transport of the hazardous substance.
3. Knew or reasonably should have known that the substance the person accepted for transport, treatment or disposal contained a hazardous substance and either selected the facility to which it was transported or treated or disposed of in a manner contrary to law.
B. When a person who is responsible for the discharge is an employee who is acting within the scope of employment:
1. The employee is a responsible person only if the employee's conduct with respect to the hazardous substance was negligent under circumstances in which the employee knew or should have known that the substance was hazardous and that the conduct, if negligent, could result in a discharge of the substance.
2. The employer is a responsible person regardless of the degree of care exercised by the employee.
C. Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances shall reimburse the City for the full amount of all costs, as defined herein, associated with the investigating, mitigating, minimizing, cleaning up, removing and/or abating any such discharge no later than thirty (30) days after receipt of an itemized bill for such costs from the City.
D. Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances and who fails to properly reimburse the City within the time period set forth in this Section shall be subject to a penalty payment equal to one and one-half percent (1.5%) of the total amount of the bill for each month that the bill for such costs remains unpaid.
E. The remedies provided for in this Section shall be supplemental to and in addition to all other available remedies at law and equity. (Ord. 92-21, 10-5-92)