§ 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.