(a)   The Fire Chief is authorized to clean up or abate the effects of any hazardous substance or waste released, discharged or deposited upon or into any property or facilities within the City. The following described persons shall be jointly and severally liable to the City for the payment of all costs incurred by the City as a result of such clean up or abatement activity:

(1)   The person or persons whose negligent or willful act or omission proximately caused such release, discharge or deposit;

(2)   The person or persons who owned or had custody or control of the hazardous substance or waste at the time of such release, discharge or deposit, without regard to fault or proximate cause; and

(3)   The person or persons who owned or had custody or control of the container which held such hazardous waste or substance at the time or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause.

(b)   In the event that any person undertakes, either voluntarily or upon order of the Fire Chief or other city official, to clean up or abate the effects of any hazardous substance or waste unlawfully released, discharged or deposited substance or waste unlawfully released, discharged or deposited upon or into any property or facilities within the City, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of the clean up or abatement. The persons described in this Section shall be liable to the City for all costs incurred as a result of such supervision or verification.

(c)   For purposes of this Section, “hazardous material” means any material that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. For purposes of this Section, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including benefits and administrative overhead; cost of equipment operation; cost of any contract labor and materials.

(d)   The remedies provided by this Section shall be in addition to any other remedies provided by law. The authority to recover costs under this Section shall not include actual fire suppression services which are normally or usually provided by the fire department.

(Ord. 148; Code 2022)