§ 34-3. Spill or escape of hazardous materials.

(a)

Any person or entity who accidentally, negligently, or intentionally causes or is responsible for a spill or escape of hazardous material(s), or for creating or allowing a hazardous condition involving hazardous material(s) affecting property or endangering life within the city shall be liable for the payment of all costs incurred by the fire department and other departments and agencies which assist it to abate such an event. The remedy provided by this section shall be in addition to any other remedies provided by law.

(b)

For the purposes of this section, hazardous materials shall be defined as any substance or material in a quantity or form which, in the determination of the fire chief or his authorized representative, pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment and shall include but not be limited to such substances as explosives, radioactive material, petroleum or petroleum products or gases, poisons, ebiologic (biologic) agents, flammables and corrosives, and chemicals used to produce illicit drugs.

(c)

For the purposes of this section, costs incurred by the fire department or other departments of the city shall include but shall not be limited to all actual out-of-pocket expenses attributed to the abatement or cleanup of any hazardous material(s) incident, including costs of equipment operations, costs of materials utilized (including specialized extinguishing agents and chemicals), costs of specialists, experts or other contract labor not in the full-time employment of the city, overtime costs and any other incidental costs incurred by the city as a result of said incident.

(d)

The authority to recover costs under this section shall not include fire suppression, rescue, medical, etc., services which are normally or usually provided by the fire department or other city departments and are unrelated to a particular hazardous material(s) incident.

(Code 1987, § 7-3; Ord. No. 2000-11, § 1, 8-15-00)

Cross reference

Solid waste, ch. 82.