(A) Whenever a hazardous condition is created so that a hazardous substance or waste or a constituent of the hazardous waste substance or may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the person having control over a hazardous substance shall cause the condition to be remedied by a cleanup, as rapidly as feasible to an acceptable safe condition, and restore the affected area to its state prior to the hazardous condition. The cost of cleanup shall be borne by the person having control over a hazardous substance.
(B) (1) If the person having control over a hazardous substance 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, setting a deadline for commencing and accomplishing the cleanup or the city may proceed to procure cleanup services.
(2) If the cost of the cleanup 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 cleanup.
(2011 Code, § 27.0103) Penalty, see § 92.99