§ 96.08. HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; RECOVERY OF COST.

(A)

Definitions.

Cost. Those necessary and reasonable expenses incurred by the City in connection with investigating, mitigating, minimizing, removing or abating the release of hazardous substances and hazardous waste, including, but not limited to, the actual labor cost of City personnel or its agents; cost of equipment operation and rental; cost to prevent or minimize mitigation off site; as well as the recovery of costs for any actions that the City may take in this regard out of the City's jurisdiction or off site; and the cost of expendable items including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, chemical protective clothing, gloves, and testing equipment.

Hazardous substance or hazardous waste. Any substance or material in a quantity or form, which in the determination of the Chief of the Fire-Rescue Department or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the City including, but not limited to, those substances listed in the National Fire Protection Association's "Guide on Hazardous Materials", the EPA's list of "Extremely Hazardous Substances" or the "Florida Substance List", promulgated by the State Department of Labor and [Employment] Security, or by C.R.C.L.A. in 40 C.F.R. 300.6.

Person. One or more individuals, partnerships, corporations, joint ventures, associations or any other entities or any combination thereof.

Release. Any intentional or unintentional action or omission resulting in the release or substantial threat of a release, spillage, pumping, pouring, emitting, emptying or dumping of a hazardous substance or hazardous waste upon public or private property located within the corporate limits of the City.

(B)

Authority to Initiate Action.

(1)

The Fire-Rescue Department is hereby authorized to take, or cause to be taken, such steps as may be necessary to clean up, remove or abate the effects of any hazardous substance or hazardous waste discharged or released upon or into public or private property or facilities located within the corporate limits of the City, and any actions associated therewith which occur off site designed to mitigate a hazardous substance or hazardous waste release or discharge.

(2)

Any person or persons responsible for causing or allowing a discharge or release of hazardous substances or hazardous waste that requires emergency action by the Fire-Rescue Department of the City or its authorized agents, in order to protect the health, safety or welfare, shall be strictly liable both jointly and severally to the City for the cost incurred by the City in the investigating, mitigating, minimizing, removing and abating any such discharge.

(3)

When responding to the emergency caused by the unauthorized discharge or release or hazardous substances or hazardous wastes, the Fire-Rescue Department of the City shall keep a detailed record of the costs and expenses attributable thereto.

(4)

The authority to recover costs under this Section shall not include costs incurred for actual fire suppression services or other services which are normally supplied by the City's Fire-Rescue Department or its authorized agent.

(C)

Recovery of Costs of Hazardous Substance and Hazardous Waste Cleanup.

(1)

Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste shall reimburse the City for the full amount of all costs, as defined herein, associated with the investigation, mitigating, minimizing, removing or abating any such discharge or release within a period of thirty (30) days after receipt of an itemized bill for such cost from the City.

(2)

Any person or persons responsible for causing or allowing an unauthorized discharge or release of hazardous substances or hazardous waste and who fails to reimburse the City within the time set forth in subsection (C)(1) hereof, shall be subject to a surcharge equal to one hundred dollars ($100.00) per day or ten (10) percent of the total amount of the bill, whichever is greater, for each additional day that the bill for such cost remains unpaid.

(3)

The remedy provided for in this Section shall be supplemental to, and in addition to, all other available remedies at law and equity.

(Ord. No. 12-90, passed 4/11/90; Ord. No. 46-02, § 2, passed 10/1/02)