H-3 - Ordinance 2021-485 - Hazardous Substance Spills

CITY OF TIFFIN ORDINANCE NO. 2021-485 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, TO ADD CHAPTER 36, HAZARDOUS SUBSTANCE SPILLS, TO THE POLICE, FIRE AND EMERGENCIES SECTION BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section 1. Purpose: The purpose of this ordinance is to amend the municipal code of Tiffin to add Chapter 36, Hazardous Substance Spills, to the Police, Fire and Emergencies section. Section 2. Amendment. Chapter 36 – Hazardous Substance Spills, is hereby added as follows: CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS 36.01 Purpose 36.02 Definitions 36.03 Notifications 36.04 Cleanup Required 36.05 Liability for Cleanup Costs 36.06 Police Authority 36.01 PURPOSE. To reduce the risk of harm and danger to the public health, safety, and welfare from the release, leaks, and/or spills of hazardous substances, these regulations are promulgated to establish responsibility for the notification, treatment, removal, and cleanup of hazardous substance spills within the City limits. 36.02 DEFINITIONS. For use in this chapter, the following terms are defined: 1. “Cleanup” means actions necessary to contain, collect, control, identify, analyze, clean up, treat, disperse, remove, or dispose of a hazardous substance. Iowa Code § 455B.381(1) (2021). 2. “Hazardous condition” means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the State or into the atmosphere which creates an immediate or potential danger to the public health or safety or to the environment. (Iowa Code § 455B.381(4) (2021)). 3. “Hazardous substance” means any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant or that generates pressure through decomposition, heat, or other means. “Hazardous substance” may include any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as