§ 93.04  LIABILITY FOR CLEANUP COSTS.
   (A)   The responsible person is strictly liable to the city for all of the following:
      (1)   The reasonable costs incurred by the city as a result of the failure of the responsible person to clean up a hazardous condition caused by that person;
      (2)   The reasonable costs incurred by the city to evacuate people from the area threatened by a hazardous condition caused by the person; and
      (3)   The reasonable damages to the city for the injury to, destruction of, or loss of natural resources or city property resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction or loss.
   (B)   If the failure is willful, the person is liable for punitive damages not to exceed triple the cleanup costs incurred by the city.
   (C)   Liability under division (A) above is limited to the following maximum dollar limitations:
      (1)   Five million dollars for any vehicle, boat, aircraft, pipeline or other manner of conveyance which transports a hazardous substance; and
      (2)   Fifty million dollars for any facility generating, storing or disposing of a hazardous substance.
   (D)   There is no liability under this section for a person otherwise liable if the hazardous condition is solely resulting from one or more of the following:
      (1)   An act of God;
      (2)   An act of war; or
      (3)   (a)   An act or omission of a third party if the party establishes both of the following:
            1.   Taking into consideration the characteristics of the hazardous substance, the person otherwise liable exercised due care with respect to the hazardous substance; and
            2.   The person otherwise liable took precautions against the foreseeable acts or omissions of the third party and the foreseeable consequences.
         (b)   As used in this division (D)(3), THIRD PARTY does not include an employee or agent of the person otherwise liable or a third party whose act or omission occurs directly or indirectly in connection with a contractual relationship with the person otherwise liable.
   (E)   There is no liability under this section for a person otherwise liable if all of the following conditions exist:
      (1)   The liability arises during the transportation of a hazardous substance;
      (2)   The fact that the hazardous substance is a hazardous substance has been misrepresented to the person transporting the hazardous substance; and
      (3)   The person transporting the hazardous substance does not know or have reason to know that the misrepresentation has been made.
(1999 Code, § 36.04)