Draft chapter 36: Hazardous Substance Spills
§ 36.05 Liability For Cleanup Costs
The 2026 draft's § 36.05 beside the current code's § 36.05: removed words are struck through, added words underlined.
Comparison with a draft: not adopted. The archive holds no public hearing, ordinance or vote adopting the recodified Code through the October 20, 2026 meeting packet. Until one is adopted, every page here compares the consolidated code with a draft that can still change: the revised draft with the October 6 changes is not in the archive.
A comparison with the August 2026 draft recodification prepared by Iowa Codification for the City. The draft has not been adopted and can still change; the current code (unofficial compilation) governs until a recodified Code is adopted. Matches between sections are made by machine from the texts and are reviewed where uncertain.
Wording changed wording changed (89% same words)
Notable changes
- New requirement: …City shall maintain documentation of all cleanup costs. 3. In addition to being liable for the full cost of cleanup as described in this section, any person or entity found responsible for a violation resulting in the need for cleanup shall be subject to a citation and fine based on the Annual Hazardous Materials Response Fee Structure for the current calendar year. …
What changed
2. The City shall maintain documentation of all cleanup costs.
3. In addition to being liable for the full cost of cleanup as described in this section, any person or entity found responsible for a violation resulting in the need for cleanup shall be subject to a citation and fine based on the Annual Hazardous Materials Response Fee Structure for the current calendar year.
Word-level comparison of the current text with the draft's; spacing and paragraph breaks come from the documents' text. Footnotes are left out.
Current code
§ 36.05 Liability For Cleanup Costs
1. A person having control over a hazardous substance shall be liable to the City for all of the following:
a. Reasonable cleanup costs incurred by the City or its agents, including, but not limited to, fees payable by the City to any public or private agency for assistance pursuant to any 28E agreement, local ordinance or emergency request of the City, for chemical damage, for contamination of equipment, and for the use of consumable materials, but shall not be liable for those losses, burdens or costs normally associated with response to fire emergency responses which do not involve hazardous conditions except as otherwise allowed by the Code of Ordinances or law.
b. The reasonable costs incurred by the City or the agents of the City to evacuate people from the area threatened by a hazardous condition caused by the person.
c. The reasonable damages of the City for the injury to, destruction of, or loss of City property, including parks and roads, resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction, or loss.
d. The excessive and extraordinary cost incurred by the City or the agents of the City in responding at and to the scene of a hazardous condition caused by that person.
2. The City shall maintain documentation of all cleanup costs.
2026 draft
§ 36.05 Liability For Cleanup Costs
1. A person having control over a hazardous substance shall be liable to the City for all of the following:
A. Reasonable cleanup costs incurred by the City or its agents, including, but not limited to, fees payable by the City to any public or private agency for assistance pursuant to any 28E agreement, local ordinance or emergency request of the City, for chemical damage, for contamination of equipment, and for the use of consumable materials, but shall not be liable for those losses, burdens or costs normally associated with response to fire emergency responses which do not involve hazardous conditions except as otherwise allowed by the Code of Ordinances or law.
B. The reasonable costs incurred by the City or the agents of the City to evacuate people from the area threatened by a hazardous condition caused by the person.
C. The reasonable damages of the City for the injury to, destruction of, or loss of City property, including parks and roads, resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction, or loss.
D. The excessive and extraordinary cost incurred by the City or the agents of the City in responding at and to the scene of a hazardous condition caused by that person.
2. The City shall maintain documentation of all cleanup costs.
3. In addition to being liable for the full cost of cleanup as described in this section, any person or entity found responsible for a violation resulting in the need for cleanup shall be subject to a citation and fine based on the Annual Hazardous Materials Response Fee Structure for the current calendar year.
Back to draft chapter 36 · All changes
Data last updated October 22, 2026. Built from the archive's documents; see how the data is built.