(A) As used in this section, the following terms shall be defined as follows:
(1) Costs mean these necessary and reasonable costs incurred in the city in connection with investigating, mitigating, minimizing, removing, or abating discharges of hazardous substances, including, but not limited to, the following: Actual labor costs of city personnel or its authorized agents, cost of equipment operation and rental, cost of expendable items, including, but not limited to, fire fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, acid sults, acid gloves, goggles and protective clothing.
(2) Discharge means any intentional or unintentional action or omission resulting in the releasing, spilling, pumping, pouring, emitting, emptying, or dumping of a hazardous substance upon public or private property located within the corporate limits of the city.
(3) Hazardous substances mean any substances or materials in a quantity or form which, in the determination of the Fire Chief or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety, or welfare of persons or property within the city, and shall include, but not be limited to those hazardous substances listed in the “N.F.P.A. Guide on Hazardous Materials” or the E.P.A.’s list of extremely hazardous substances, or the “Florida Substance List” promulgated by the Department of Labor and Employment Security.
(4) Person means one or more individuals, partnerships, corporations, joint ventures, associates or any other entities or any combination thereof.
(B) (1) Any person or persons transporting or causing to transport hazardous substances through the city shall give advance notice of said transport to the Fire Chief or his designee.
(2) The Fire Department is hereby authorized to take such steps as necessary to clean up, remove or abate the effects of any hazardous substances discharged upon or private property or facilities located within the corporate limits of the city.
(3) Any person or persons responsible for causing or allowing any unauthorized discharge of hazardous substances that requires emergency action by the Fire Department of the city of or its authorized agents in order to protect the public health, safety, or welfare shall be jointly and severally liable to the city of for the costs incurred by the city in investigating, mitigating, minimizing, removing and abating any such discharge.
(4) When responding to the emergency caused by the unauthorized discharge of hazardous substances, the Fire Department of the city shall keep a detailed record of the costs attributable thereto.
(5) The authority to recover costs under this section shall not include costs incurred of actual fire suppression services which are normally or usually provided by the city’s Fire Department or its authorized agents.
(C) (1) 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, removing and abating any such discharge within a period of 30 days after receipt of an itemized bill for such costs from the city.
(2) Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances and who fails to reimburse the city within the time set forth in division (C)(1) above shall be subject to a fine equal to the greater of $50 per day or 10% of the total amount of the bill for each additional day that the bill for such costs remains unpaid.
(3) The remedy provided for in this section shall be to all other available remedies at law an equity.
(Ord. 899, passed 8-16-89)