Item D - Hazardous Substance Spills Ordinance - Draft

The person holding indicia of ownership in a hazardous condition site and who acquires title or a right to title to the site upon default under the security arrangement, or at, or in lieu of, foreclosure, shall continue to hold the indicia of ownership primarily to protect that person's security interest so long as the subsequent actions of the person with respect to the site are intended to protect the collateral secured by the interest, and demonstrate that the person is seeking to sell or liquidate the secured property rather than holding the property for investment purposes. (2) Does not exhibit managerial control of, or managerial responsibility for, the daily operation of the hazardous condition site through the actual, direct, and continual or recurrent exercise of managerial control over the hazardous condition site in which that person holds a security interest, which managerial control materially divests the borrower, debtor, or obligor of control. (3) Has taken no subsequent action with respect to the site which causes or exacerbates a release or threatened release of a hazardous substance. (Iowa Code § 455B.381(7) (2021). 5. “Release” means a threatened or real emission, discharge, spillage, leakage, pumping, pouring, emptying, or dumping of a hazardous substance into or onto the land, air, or waters of the state unless one of the following applies: a. The release is done in compliance with the conditions of a federal or state permit. 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). 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. 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.