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

b. The hazardous substance is confined and expected to stay confined to property owned, leased or otherwise controlled by the person having control over the hazardous substance. c. In the use of pesticides, the application is done in accordance with the product label. (Iowa Code § 455B.381(9) (2021). 36.03 NOTIFICATIONS. 1. When a hazardous condition is created, the person having control over a hazardous substance shall notify the department of natural resources and the fire department through the Johnson County Emergency Communications Center immediately upon discovery of the condition but in no instance later than thirty (30) minutes after the discovery of the hazardous condition. 2. The fire chief, once notified of the hazardous condition, shall immediately notify, or cause, the department of natural resources, to be notified. All Permittees shall be subject to the following rules and regulations: 36.04 CLEANUP REQUIRED. 1. Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous substance, so that the hazardous substance or a constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the person having control over a hazardous substance shall cause the condition to be remedied by a cleanup, as defined in the preceding section, as rapidly as feasible to an acceptable, safe condition. 2. The costs of cleanup shall be borne by the person having control over a hazardous substance. 3. If the person having control over a hazardous substance does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the City may, by an authorized officer, including an officer of the fire department, give reasonable notice, based on the character of the hazardous condition, said notice setting a deadline for accomplishing the cleanup and stating that the City will proceed to procure cleanup services and bill the person having control over a hazardous substance or all costs associated with the cleanup if the cleanup is not accomplished within the deadline. In the event that it is determined that immediate cleanup is necessary as a result of the present risk of harm or danger to the public health, safety, and welfare, then no notice shall be required and the City may proceed to procure the cleanup and bill the person having control over a hazardous substance for all costs associated with the cleanup. If the bill for those services is not paid within thirty (30) days, the City Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the City to finance it, the authorized officer shall report to the Council and immediately seek any State or Federal funds available for cleanup. 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