HomeMy WebLinkAbout~Master - Pertaining to Cost Recovery for Clean-up of Hazardous Materials ORDINANCE NO. 3271
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY ENACTING A NEW SECTION NUMBERED
11 .10 TO REQUIRE PERSONS ENGAGED IN HANDLING HAZARDOUS
MATERIALS TO CLEAN UP ANY SPILL OF SUCH MATERIALS, AND
PROVIDING FOR THE CITY TO DO THE CLEAN UP IF NECESSARY
AND COLLECT THE COSTS; ESTABLISHING A PENALTY AND SET-
TING AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council for the City of Ames, Iowa:
Section One. The Municipal Code of the City of Ames, Iowa is hereby amend-
ed by enacting a new section as follows:
"Sec. 11.10. Hazardous Materials Clean Up.
(1) Definitions. For the purpose of this section these words and
phrases have the following meanings:
(a) Hazardous waste means any substance as defined in
section 455B.411, subsection 3, paragraph. a, Code of
Iowa, and the rules of the Iowa Department of Natural
Resources.
(b) Hazardous substance means any substance as defined in
section 455B.381, subsection 5, of the 1993 Code of Iowa.
(c) Hazardous conditions means the same as set out in section
455B.381, subsection 4, of the 1993 Code of Iowa.
(d) Persons having control over a hazardous substance
means the same as set out in section 455B.381, subsection
7, of the 1993 Code of Iowa.
(e) Clean up means the same as set out in section 455B.381,
subsection 1, of the 1993 Code of Iowa.
(f) Treatment means a method, technique, or process, includ-
ing 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, amend-
able for recovery, amendable for storage, or to reduce it
in volume. Treatment includes any activity or processing
designed to change the physical form or chemical compo-
sition of hazardous substance to render it non-hazardous.
(2) Clean Up Required. Whenever a hazardous condition is creat-
ed by the deposit, injection, dumping, spilling, leaking or
placing of a hazardous waste or substance, so that the hazard
ous 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 person having control over a hazardous substance
shall cause the condition to be remedied by a clean up, as
defined in the proceeding section, as rapidly as feasible to
an acceptable, safe condition. The cost of clean up shall be
borne by the person having control over a hazardous sub-
stance. If the person having control over a hazardous sub-
stance does not cause the clean up to begin in a reasonable
time in relation to the hazard and circumstances of the inci-
dent, the City may proceed to procure clean up services and
bill the person having control over a hazardous substance. If
the bill for those services is not paid within thirty (30)
days the City shall proceed to obtain payment by all legal
means it deems reasonable and appropriate.
(3) Notification. The City employee leading the response to a
hazardous materials spill shall notify the Story County Sher-
iff as soon as possible."
Section Two. Violation of the provisions of this ordinance shall constitute
a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code.
Section Three. This ordinance shall be in full force and effect from and
after its passage and publication as required by law.
Passed this 26th day of Aril 1994.
Jill Ripperge , A 'ng City Clerk Larry R. C rtis, Mayo
0280
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