(A) Conflicting provisions. The program elements contained in this chapter shall, except as hereafter stated, follow the standards identified in this section in addition to those standards that are contained in the laws, codes, regulations and policies adopted. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. This chapter is not intended to replace or be less restrictive than any federal, state, county or local laws, regulations, or codes that pertain to the program elements.
(B) Independent third party review. The Fire Chief may require an independent third party professional consultant to prepare or review required reports and related information which require additional technical expertise as deemed necessary by the Fire Chief. When required, the responsible party shall pay for all costs incurred by the Fire Department that are directly related to the specific review.
(C) Notification requirements. Immediate notification, as defined in this chapter, is required, but not limited to, releases or threatened releases of hazardous materials from pipelines, railcars, tanks, tank vehicles, drums, containers, cylinders, tote bins, process vessels and lines, scrubbers, emergency relief valves, electrical transformers, and oil wells. Immediate notification is also required for releases of crude oil, and liquid industrial grade materials and wastewater.
(D) Inspections. The Fire Department may make periodic inspections of premises where hazardous materials, industrial liquid waste, and/or hazardous waste is generated, stored, handled, disposed, treated or recycled, and to inspect aboveground and underground storage tank systems, commercial and industrial critical sources of pollutants, hazardous waste haulers, and all persons or businesses where the Fire Department has reasonable cause to believe that hazardous materials or hazardous waste is generated, stored, handled, disposed, treated, or recycled.
(E) Hazardous material release clean up. Any handler, owner, or other person who releases, causes or allows a release of a hazardous material (collectively the “responsible party”) shall be liable for all costs associated with the clean up of the release(s) including, but not limited to, the containment, collection, and disposal of the hazardous material release(s); the costs associated with remediating the soil, ground or surface waters impacted by the release(s); the costs incurred by the city and/or city’s contractor during the response to the release(s); the cost incurred by the city during the investigation of the release(s); all regulatory oversight fees and all penalties associated with the release(s). For purposes of this section, costs incurred by the city shall include, but not be limited to, actual labor costs of city personnel, including benefits, and administrative overhead; cost of equipment operation; cost of materials used to remedy the release; cost of any contract labor and materials; and the cost to legally dispose the released material and other items impacted by the release. The liability established in this section shall be joint and several as to all responsible persons and the city may collect such costs in any manner allowed by law. A city action to recover such costs shall be in addition to any other remedies provided by law that may be exercised by the city to address a violation of this chapter.
(Ord. 990, passed 4-9-08; Am. Ord. 1060, passed 7-10-14)