HomeMy WebLinkAbout1986-01-14-Ordinance 2059_Hazardous MaterialsORDINANCE No.2059
AN ORDINANCE TO REQUIRE THAT 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.
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.THERE SHALL BE ADDED TO THE WAUKEE
MUNICIPAL CODE,CHAPTER 220 AS FOLLOWS:
Section 2.The Waukee Municipal Code is amended by
adding the following sections to read as follows:
HAZARDOUS SUBSTANCES
§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
out in §455B.381,
Iowa.
means the
subsection
same as
1,Code
set
of
D.PERSONS HAVING CONTROL OVER HAZARDOUS SUB-
STANCE means the same as set out in
§455B.381,subsection 8,Code of Iowa.And
the term "person"shall include "corpora-
tion,partnership,firm,association,coop-
erative or governmental agency of any kind".
E.CLEAN UP means the same as set out in
§455B.38l,subsection 6,Code of Iowa.
F.TREATMENT means a method,technique,or pro-
cess,including neutralization,designed to
change the physical,chemical or biological
character or composition of a hazardous sub-
stance so as to neutralize it or to render
the substance nonhazardous,safe for trans-
port,amenable for recovery,amenable for
storage,or to reduce it in volume.Treat-
ment includes any activity or processing
designed to change the physical form or
chemical composition of hazardous substance
to render it nonhazardous.
§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 responsible
person shall cause the condition to be remedied by a clean
up,as def ined in the proced ing sect ion,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 begin
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.
§220.4.Notifications.The first city officer
or employee who arrives at the scene of an incident invol-
ving 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.
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§220.5.Severability.If any section,provision
or part of this ordinance shall be adjuded invalid or un-
constitutional,such adjudication shall not affect the
validity of the ordinance as a whole or any section,pro-
vision or part thereof not adjudged invalid or unconstitu-
tional.
Section 3.Effective date.This ordinance shall
be in effect after its final passage,approval,and publi-
cation as required by law.
Passed by the Council the 14th day of January,1986 and
approved this 14th day of Jauary,1986.--~istianson
Y 0 R
Attest:
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