36.03 CLEANUP REQUIRED.

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 cleanup, as defined in the preceding section, 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 costs of cleanup shall be borne by the responsible person. If the responsible person does not cause the cleanup 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, said notice setting a deadline for accomplishing the cleanup or the City may proceed to procure cleanup services. If the cost of the cleanup is beyond the capacity of the City to finance, the authorized officer shall report to the Council and immediately seek any State or Federal funds available for said cleanup.

36.04 LIABILITY FOR CLEANUP COSTS.

The responsible person shall be strictly liable for all of the following:

1.   The reasonable cleanup costs incurred by the City as a result of the failure of the responsible 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.

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.

36.05 NOTIFICATIONS.

1.   A person manufacturing, storing, handling, transporting, or disposing of a hazardous substance or waste shall notify the State Department of Natural Resources and the Police Department of the occurrence of a hazardous condition as soon as possible but not later than six (6) hours after the onset of the hazardous condition or discovery of the hazardous condition. The Police Department shall immediately notify the Department of Natural Resources.

2.   Any other person who discovers a hazardous condition shall notify the Police Department, which shall then notify the Department of Natural Resources.

36.06 POLICE AUTHORITY.

If the circumstances reasonably so require, the Police Chief or an authorized representative may:

1.   Evacuate persons from their homes to areas away from the site of a hazardous condition, and

2.   Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to persons engaged in cleanup or treatment.

No person shall disobey an order of the Police Chief or any other peace officer issued under this section.

36.07 CITY LIABILITY.

Except where the City is the responsible person as defined in Section 36.02(5) of this chapter, the City shall not be liable to any person for claims of damages, injuries, or loss resulting from any hazardous condition.