TITLE VII PHYSICAL ENVIRONMENT
CHAPTER 5 HAZARDOUS WASTE AND SUBSTANCES SPILLS
In order to reduce the damage to public health, safety and welfare from the spills of hazardous substances, these regulations are promulgated to establish responsibility for the removal and cleanup of spills within the City of Fertile.
For the purpose of this Chapter, these words have the following meanings:
1. “Hazardous Waste” shall mean a waste or combination of wastes that because of its quantity, concentration, biological degradation, leaching from precipitation, or physical, chemical, or infectious characteristics, has either of the following effects:
a. Causes or significantly contributes to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness.
b. Poses a substantial danger to human health or the environment.
Hazardous Waste may include, but is not limited to, wastes that are toxic, corrosive or flammable or irritants, strong sensitizers or explosives.
2. “Hazardous Waste” does not include:
a. Agricultural wastes, including manures and crop residues, that are returned to the soil as fertilizers or soil conditioner.
b. Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979.
3. “Hazardous Substance” means any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant or that generates pressure through decomposition, heat, or any other means.
“Hazardous Substance” may include any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under Section 307 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act. (Section 455B.381, Code of Iowa).
4. “Hazardous Condition” means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance onto the land, into the water of the City of Fertile, or into the atmosphere, which creates an immediate or potential danger to the public health or safety.
5. “Responsible Person” means a person who at any time produces, handles, stores, uses, transports, refines, or disposes of a hazardous substance, the release of which creates a hazardous condition, including bailees, carriers, and any other person in control of a hazardous substance when a hazardous occurs, whether the person owns the hazardous substance or is operating under a lease, contract, or other agreement with the legal owner of the hazardous substance.
(Section 455B.381, Code of Iowa).
6. “Clean Up” means actions necessary to contain, collect, control, identify, analyze, clean up, treat, disperse, remove or dispose of a hazardous substance.
(Section 455B.381, Code of Iowa).
7. “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 nonhazardous, safer to 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 a hazardous substance to render is nonhazardous.
Whenever a hazardous condition is created 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 discharged into any waters, including ground waters, the responsible person shall cause the condition to be remedied by a cleanup as rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be borne by the responsible person. If the responsible person does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the City of Fertile may, by an authorized officer, give reasonable notice based on the character of the hazardous condition, said notice setting a deadline for accomplishing the cleanup or that the City of Fertile will proceed to procure cleanup service and bill the responsible person. If the bill for those services is not paid within thirty (30) days, the Fertile City Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the City of Fertile to finance, the authorized officer shall report to the Council and immediately seek any state or federal funds available for said clean up.
Whenever a hazardous condition which creates an immediate danger to public health or safety exists and it is necessary to take immediate action to correct this condition in order to protect the public health or safety, the County Emergency Director or and Peace Officer may, without prior notice to the responsible person, take any action necessary to limit the immediate danger to the public health or safety and bill the responsible person for the cost of the cleanup.
The responsible person shall be strictly liable to the City of Fertile for all the following:
1. The reasonable cleanup costs incurred by the City of Fertile as a result of the failure of the person to clean up a hazardous substance or waste involved in a hazardous condition caused by that person, including emergency treatment of the hazardous condition.
2. The reasonable costs incurred by the City of Fertile to evacuate people from the area threatened by a hazardous condition caused by the person.
3. The reasonable damages to the City of Fertile for the injury to, destruction of, or loss of, Fertile property, including parks and roads, resulting from a hazardous condition including the costs of assessing the injury, destruction or loss.
1. A person manufacturing, storing, handling, transporting, or disposing of a hazardous substance or waste shall notify the County Emergency Disaster Director of the occurrence of a hazardous condition as soon as possible, but not later than six (6) hours after the onset of the hazardous condition or discovery of the hazardous condition. The County Emergency Disaster Director shall notify the proper state office in the manner established by the State.
2. Any City of Fertile employee or any member of a law enforcement agency who discovers a hazardous condition, shall notify the County Emergency Disaster Director which shall notify the proper state officer in the manner established by the state.
If the circumstances reasonably so require, the Northwood Chief of Police or his representative may:
1. Evacuate persons from their homes to areas away from the site of hazardous condition; and
2. Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to clean up personnel.
No person shall disobey an order of the Northwood Chief of Police or any other peace officer/law enforcement officer issued under this section.
The City of Fertile shall not be liable to any person for claims of damages, injuries or losses resulting from any hazardous condition, unless the City of Fertile is the responsible person as defined in this ordinance.