HomeMy WebLinkAbout2021-06-30-2201
PERSONS RESPONSIBLE FOR THE STORING, HANDLING AND TRANSPORTATION
OF HAZARDOUS MATERIALS SHALL AT THEIR OWN COST CLEAN UP ANY SPILLS
OF THOSE MATERIALS AND PROVIDING REMEDIES FOR THE CITY TO CLEAN UP
SPILLS IF THE RESPONSIBLE PARTY FAILS TO DO SO, AND TO RECOVER THE
COSTS FOR THE CITY.
HAZARDOUS SUBSTANCE
§220.1 Purpose. In order to reduce the danger to public health, safety and welfare
from the spills of hazardous substances these regulations are promulgated to establish responsibility
for the removal and clean up of spills within the city limits.
§220.2 Definitions. For the purpose of this chapter, these words have the following
meanings:
A. Hazardous Waste means those wastes which are included by the definition
in '455B.411, subsection 3, paragraph a, Code of Iowa, and the rules of the
Iowa Department of Water, Air and Waste Management.
B. Hazardous Substance means any substance as defined in '455B.381,
subsection 1, Code of Iowa.
C. Hazardous Condition means the same as set out in '455B.381, subsection
1, Code of Iowa.
D. Persons having control over Hazardous Substance means the same as set
out in '455B.381, subsection 8, Code of Iowa. The term "person" shall
include "corporation, partnership, firm, association, cooperative or
governmental agency of any kind".
E. Clean Up means the same as set out in '455B.381, subsection 6, Code of
Iowa.
F. Treatment means a method, technique, or process, including neutralization,
designed to change the physical, chemical or biological character or
composition of a hazardous substance so as to neutralize it or to render the
substance non-hazardous, safe for transport, amenable for recovery, amenable
for storage, or to reduce it in volume. Treatment includes any activity or
processing designed to change the physical form or chemical, composition of
hazardous substance to render it non-hazardous.
§220.3. Clean Up Required. Whenever a hazardous condition is created by the
deposit, injection, dumping, spilling, leaking or placing of a hazardous waste or substance, so that
the hazardous substance or waste or a constituent of the hazardous waste or substance may enter the
environment or be emitted into the air or discharge into any waters, including ground waters, the
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responsible person shall cause the condition to be remedied by a clean up, as defined in the preceding
section, as rapidly as feasible to an acceptable, safe condition. The costs of clean up shall be borne
by the person having control over a hazardous substance. If the person having control over a
hazardous substance does not cause the clean up to be in a reasonable time in relation to the hazard
and circumstances of the incident, the city may proceed to procure clean up services and bill the
responsible person. 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 clean up 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 said clean up.
A. The following fees will be assessed and collected by the City of Waukee from
persons having control over hazardous substances where such hazardous substances
have been spilled and the City of Waukee personnel have participated in the clean-
up:
Category Examples Hourly Cost*
Heavy Response Apparatus
with 4 personnel
Engine, ladder, heavy rescue,
grader, backhoe, dump truck,
endloader, sweeper, sewer jet,
etc.
$271.26
Light Response Apparatus
with 2 personnel
Tanker, brush truck,
ambulance, staff car, pick-up
truck, generator, compressor,
related power equipment, etc.
$217.01
Extra Response Personnel
(per person)
$38.00
Expended Materials Foam, containment boons,
sand, absorbent, etc.
Replacement
cost, including
shipping
Equipment Repair and/or
Cleaning
Personal protective
equipment, hose, nozzles,
apparatus, etc.
Cost (parts plus
labor), including
shipping
Damaged Equipment and/or
Property
May include injury to,
destruction of, or loss of
natural resources, etc.
Replacement
and/or repair
cost, including
shipping
Other Contracted services,
contracted equipment,
evacuation of people, etc.
Billed as used
*Minimum of one hour. Billed in 15-minute increments beyond the first hour.
April 6, 1992
February 6, 2012 – Ordinance 2707
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§220.4 Notifications. The first city officer or employee who arrives at the scene of an
incident involving hazardous substances, if not a peace officer, shall notify the police department
which shall notify the proper state office in the manner established by the state.
(January 14, 1986)