(A) The Fire Department shall have the power and authority to recover all costs and expenses incurred in conjunction with emergency incidents occurring within the city involving hazardous/toxic materials or hazardous/dangerous conditions. Such costs and expenses shall include, but not be limited to, abatement, disposal, clean-up, removal and remedial activities, including any related third-party costs and expenses necessary to ensure the safety of the city and its citizens. Any such costs and expenses shall be the sole responsibility of the individual, owner and/or operator of the facility, property vehicle, container, discarded material, solid waste or hazardous/toxic material causing or contributing to the emergency incident including pollution of the environment. All assessments for said costs and expenses against such responsible parties shall be paid to the City Treasurer within 30 calendar days of the date of assessment, unless approval for other arrangements is granted by the city in cases of hardship or unless an appeal is filed as set forth in § 92.002 of this chapter.
(B) As used herein, HAZARDOUS/TOXIC MATERIALS shall be defined to include those materials listed under 42 U.S.C. § 9601(14) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq.
(C) The Fire Chief or his or her designee shall have the responsibility to investigate the emergency incident and to determine its source and cause. The Fire Chief or his or her designee shall make a written report detailing all of the circumstances surrounding the emergency incident and the type of hazardous/ toxic materials or the nature of the hazardous/dangerous conditions involved therein, calculating the reasonable costs and expenses incurred in conjunction with the remedial activities as specified in this subchapter.
(D) The Fire Chief shall review the recommendations of his or her designee and determine whether the emergency incident involved the presence of hazardous/toxic materials or hazardous/dangerous conditions and what reasonable costs and expenses, if any, are to be assessed against each responsible individual, owner and/or operator.
(E) The findings and determinations of the Chief of the Fire Department shall be in writing and shall itemize all reasonable costs and expenses incurred in conjunction with the remedial activities specified.
(Prior Code, § 11-65) (Ord. 1007, passed 2-12-1996)