Item D - Hazardous Substance Spills Ordinance - Draft

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 responsible person for 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 responsible person 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. 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. POLICE AUTHORITY. Upon a belief that a hazardous condition exists, and in response to an emergency or incident dangerous to the public, the Fire Chief, Fire Marshal, or Fire Officer, or law enforcement officer may: 1. Evacuate persons from their homes to areas away from the site of a hazardous condition, and 2. Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to cleanup personnel and emergency responders. 3. No person shall disobey an order of any officer or official issued under this section.