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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. -2- §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: -3-