ordinance
Item D - Hazardous Substance Spills Ordinance - Draft
Page 1 of 3
Text from the PDF text layer; check the PDF for anything that matters.Chapter 36 Hazardous Substance Spills
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.
Definitions:
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 amended by the Resource Conservation and Recovery Act of 1976, or any
toxic pollutant listed under section 307 of the Federal Water Pollution Control Act as amended to
January 1, 1977, or any hazardous substance designated under Section 311 of the Federal Water
Pollution Control Act as amended to January 1, 1977, or any hazardous material designated by
the Secretary of Transportation under the Hazardous Materials Transportation Act.
(Iowa Code § 455B.381(5) (2021)).
4. a. “Person having control over a hazardous substance” means a person who at any time
produces, handles, stores, uses, transports, refines, or disposes of a hazardous substance the
release of which creates a hazardous condition, including bailees, carriers, and any other person
in control of a hazardous substance when a hazardous condition occurs, whether the person owns
the hazardous substance or is operating under a lease, contract, or other agreement with the legal
owner of the hazardous substance.
b. “Person having control over a hazardous substance” does not include a person who holds
indicia of ownership in a hazardous condition site, if the person satisfies all of the following:
(1) Holds indicia of ownership primarily to protect that person's security interest in the
hazardous condition site, where the indicia of ownership was acquired either for the
purpose of securing payment of a loan or other indebtedness, or in the course of
protecting the security interest. The term “primarily to protect that person's security
interest” includes but is not limited to ownership interests acquired as a consequence of
that person exercising rights as a security interest holder in the hazardous condition site,
where the exercise is necessary or appropriate to protect the security interest, to preserve
the value of the collateral, or to recover a loan or indebtedness secured by the interest.
Sources
- sharepoint (Item D - Hazardous Substance Spills Ordinance - Draft.pdf) — where it was found ↗ first seen Oct 12, 2026
- sharepoint (WS - F - Hazardous Substance Spills Ordinance - 10-15-21.pdf) — where it was found ↗ first seen Oct 12, 2026
Data last updated October 15, 2026. Built from the archive's documents; see how the data is built.