Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous waste or substance, so that the hazardous substance or waste or a constituent of the hazardous waste or substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the responsible person shall cause the condition to be remedied by a cleanup as rapidly as feasible to an acceptable safe condition. The costs of cleanup shall be borne by the responsible person. If the responsible person 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, said notice setting a deadline for accomplishing the cleanup or that the city will proceed to procure cleanup services and setting forth a reasonable estimate of the costs of cleanup and bill the responsible person for all costs associated with the cleanup, including, but not limited to, equipment rendered unserviceable; personnel costs, including overtime; disposal costs; and any other costs associated therewith. If the bill for those services is not paid within 30 days, the city may proceed after service of notice, either by certified mail or one publication in the local newspaper and hearing before the City Council, to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the city to finance it, the authorized officer shall report to the Council and immediately seek any state and federal funds available for said cleanup.
(Prior Code, § 4-6-3) (Ord. 280, passed 8-1-1983)