(a) Person defined. As used in this section, PERSON includes all persons, natural and artificial, and includes, but is not limited to, private corporations, public utilities, partners, principals, agents and employees.
(b) Prohibitions.
(1) No person shall introduce or install within the city any new electrical equipment containing or utilizing polychlorinated biphenyls (PCBs) in a concentration of 500 parts per 1,000,000 or greater. Existing installations are permitted to remain in place for the useful life of the equipment in accordance with federal PCB regulations found in 40 C.F.R. Part 761. No person shall introduce or install within the city any used or rebuilt electrical equipment containing or utilizing polychlorinated biphenyls (PCBs) in a concentration of 50 parts per 1,000,000 or greater.
(2) Within 45 days of the enactment of this section (Ordinance 1988-10, passed March 7, 1988), all persons who own, lease, operate or maintain within the city any electrical equipment known to contain or utilize polychlorinated biphenyls in a concentration of 500 parts per 1,000,000 or greater shall conduct a survey thereof and shall submit to the Fire Chief a written itemized report containing the following information: the exact location of such equipment, the date of original installation of each piece of equipment and the projected useful life of each piece at the time of installation.
(3) All persons who own, lease, operate or maintain within the city any electrical equipment known to contain or utilize polychlorinated biphenyls in a concentration of 500 parts per 1,000,000 or greater shall, in the daily operation thereof, proceed as follows:
A. Whenever a leak or discharge of any polychlorinated biphenyls greater than 500 parts per 1,000,000 occurs at any location within the city, the Fire Chief shall be notified, in person or by telephone, within 24 hours of discovery;
B. The owner of such leaking or discharging electrical equipment shall begin repairs within 48 hours. If such electrical equipment is not repairable, it shall be promptly removed from the city and disposed of in such a way as to be consistent with federal PCB regulations; and
C. All such leaking or discharging polychlorinated biphenyls shall be disposed of in accordance with federal PCB regulations, with guidance from the Fire Chief, so that, upon completion, the removal of polychlorinated biphenyls will be consistent with the United States EPA PCB Spill Cleanup Policy.
(4) The Director of Law, upon the request of the Director of Public Safety, is hereby authorized to bring a civil action to enforce the provisions of this section.
(Ord. 1988-10, passed 3-7-1988)
(c) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree. Each installation in violation shall be deemed a separate and distinct offense, and each day that a violation continues shall be deemed a separate and distinct offense.