(a) No person shall discharge any sewage, domestic or industrial waste, pollutant, or hazardous material, to the environment.
(b) Dischargers shall notify the Superintendent immediately plus appropriate County, State and Federal agencies upon discharging material in violation of this or other applicable sections of this Code to enable countermeasures to be taken to minimize damage to the environment. Notification of the Superintendent does not absolve the discharger of their responsibility to notify state and federal agencies under state and federal programs.
(c) Above ground chemical tanks shall be protected by approved methods to prevent accidental discharge to sewers or the environment. All below ground tanks shall be installed in accordance with any and all local, state, and/or federal regulations or laws.
(d) When dikes or impounding basins are used to contain chemicals, impervious materials shall be used to provide a liquid tight enclosure.
(e) The party responsible for the discharge of hazardous materials or pollutants to the environment shall be responsible for all clean up costs. The City's costs during the emergency for identification, hazard assessment, and containment will also be reimbursed.
(f) The Superintendent may require clean up at such incidents as:
(1) Illegal disposal of hazardous materials or pollutants.
(2) Improper handling of hazardous materials or pollutants at any site.
(3) Spills of hazardous materials or pollutants to the environment.
(4) Discharge of hazardous materials or pollutants during a fire or other accident.
(g) In general, reimbursement costs are those incident costs that are eligible, reasonable, necessary, and allocable to the incident. Costs allowable for reimbursement may include, but are not limited to (hereafter referred to as the response);
(1) Disposable materials and supplies provided, consumed, and expended specifically for the purpose of the response for which reimbursement is being requested.
(2) Compensation of the employees for the time and efforts devoted specifically to the response.
(3) Rental or leasing of equipment used specifically for the response.
(4) Replacement costs for equipment owned by the City that is contaminated beyond reuse or repair.
(5) Decontamination of equipment that was used during the response.
(6) Special technical service specifically required for the response.
(7) Other special services specifically required for the response.
(8) Laboratory costs for the purpose of analyzing samples taken during the response.
(9) Equipment usage costs.
(10) Administrative costs and fees equal to one-half of assessed clean-up costs.
(Ord. 09-119. Passed 11-17-09.)