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Home My WebLink About3322-01/23/1984 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW CHAPTER PROVIDING REGULATIONS REGARDING HAZARDOUS SUBSTANCES, AND REQUIRING PERSONS RESPONSIBLE FOR THE STORING, HANDLING, AND TRANSPORTATION OF SUCH SUBSTANCES TO CLEAN UP SPILLS, AND PROVIDING REMEDIES FOR THE CITY OF WATERLOO TO CLEAN UP SUCH SPILLS UPON FAILURE TO DO SO, AND PROVIDING PENALTIES FOR THE VIOLATION THEREFOF. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: The Code of Ordinances of the City of Waterloo, Iowa, is hereby amended by adding the following Chapter: "CHAPTER .HAZARDOUS SUBSTANCES Sec. 1. Purpose. In order to reduce the danger to public health, sa a-�ty and welfare from hazardous conditions and/or substances , these regulations are promulgated to establish responsibility for the removal and cleanup of spills, leakage, or release of a hazardous substance which creates an immediate or potential danger to the public health or safety within the city limits. Sec. 2. Definitions. For the purpose of this Chapter these wor s ave t e following meanings : (a) "Hazardous waste" means those wastes which are included by definition in Section 455B. 411, Subsection 2(a) , Code of Iowa (1983) . (b) "Hazardous substance" means any substance as defined in Section 455B.381, Subsection 1, Code of Iowa (1983) . (c) "Hazardous condition" means any situation as defined in Section 455B. 381, Subsection 2, Code of Iowa (1983) . (d) "Responsible person" means the party, whether the owner, agent, lessor, or tenant, in charge of the hazardous substance or hazardous wastes being stored , processed, or handled, or the owner or bailee transporting hazardous wastes or substances whether on public ways or grounds or on private property where the spillage, leakage, or release of a hazardous substance would cause an immediate or potential danger to the public or to any person or to the environment. (e) "Cleanup" means the removal of the hazardous wastes or substances to a place where such substances would not cause any danger to persons or the environment, in accordance with state rules thereof or the treatment of the material as defined herein to eliminate the hazardous condition, including the restoration of the area to a general good appearance without noticeable odor as far as practicable. h Page 2 (f) "Treatment" means a method, technique, or process, including but not limited to neutralization which is designed to change the physical , chemical or biological character or composition of a hazardous substance so as to neutralize or render it nonhazardous , safer for transport , amenable for recovery, amenable for storage or a reduction in volume. Treatment includes any activity or processing which is designed to change the physical form or chemical composition of a hazardous waste or substance so as to render it nonhazardous. (g) "Authorized person" means the Chief of the Fire Department of the Waterloo Fire Department or his duly appointed designee. Sec. 3. Cleanup Required. (a) 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 has entered the environment or has been 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 defined in the preceding section, as rapidly as is feasible to an acceptable and safe condition. The costs of the cleanup shall be borneiby the responsible person. (b) In the event the responsible person cannot be located within a reasonable period of time, or if the responsible person does not cause the cleanup to begin within a reasonable time in relation to the hazard and circumstances of the incident, the City may, by the authorized person, give reasonable notice, based on the character of the hazardous condition, which notice shall set a deadline for accomplishing the cleanup or that the City will proceed to procure cleanup services. Said notice shall set forth a reasonable estimate of the costs of cleanup and the responsible person shall be billed for all costs associated with the cleanup, including but not limited to equipment rendered unserviceable, personnel costs, including overtime, disposal costs and any other costs associated therewith. (c) If the bill for these services is not paid within thirty (30) days, the City of Waterloo may proceed, after service of notice, either by certified mail or one publication in the local newspaper and hearing before the City Council, to obtain payment by all legal means. (d) If the cost of cleanup is beyond the capacity of the City to finance it, the authorized person shall proceed pursuant to Section 455B. 387, Subsection 2, Code of Iowa (1983) , and immediately seek any state or federal funds available for said cleanup. Sec. 4. Notifications . The first city officer or employee who arrives at t e scene of the incident involving hazardous substances , if not a peace officer, shall notify the Police Department who then shall notify the proper state office in the manner established by state law. a Page 3 Sec. 5. Police Authorit If the circumstances so require, t e Ch ie o Po ice of the Waterloo Police Department or his representative, may: (a) Evacuate persons from the site of the hazardous condition, and (b) Establish perimeters, or other boundaries at or near the site of the hazardous condition. Said perimeters or boundaries shall be erected for the purpose of barring all persons except those who are responsible for the cleanup or supervision of the cleanup of the hazardous condition. No person shall disobey an order of the Chief of Police, the Chief of Fire, or any other peace officer issued under this section. Sec. 6. Cit Liabilit . The City of Waterloo shall not be liable for any osse.s claimed by any person, firm or corporation which are alleged to have occurred due to any hazardous condition. Sec. 7. Penalty. Any person, firm or corporation violating any provision, section or paragraph of this ordinance shall be punished by a fine not to exceed One Hundred Dollars ($100. 00) or imprisoned for not more than thirty (30) days for each and every offense ; and each and every day during which a violation occurs shall be a separate and distinct offense. Sec. 8. para Sebilityof Provisions. It is the intention of the Council that each sect on, paragraph, sentence, clause and provision of this ordinance is separable and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this ordinance nor any part thereof other than that affected by such decision. Sec. 9. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASS D AND ADOPTED by the City Council this day of day o 1984, and 1pp8roved by the ayor this _ By: j � Del Bowers, Mayor ATTEST: i L r P. ger, it ler Auditor „ > onnn _,. o n m z v z � vv m m N o C Z A x r n m m 0 v m0x.0 o c n z � C O= :z C:) oo N �Em yc» z �+ mzm= 3 Onc»nm z z m m v z C N m r x 9 � O 70z m oz 0 M N N m c n CD = 0nrzox n= m m C m • nN� v O0 -+ czzv r v N m m r NN co;vO v r m T C m M v r c o o r m r = T � Z O nn -Ion r v m N n n c m z .m _0N.mN n m ;a -im m 0000 � C v n T z CD 1 -= C:) = = C:) =- zm w 0 0 w N x f”) N O = n 2 + N m z n 3 O N < n m r n zv . ;a CD v � z v m mvo vNcE N n c5 -n ,3> --q C O Z N m � � vcz C2 v r ;z = ANO Z 2 .'D -ml O 0mnn z z v n N n m -+ vmo Z -1 O N �c n < � n n � -n w m < N o M STATE OF IOWA, James L. Rathe Black Hawk Couw►ty, 5S NUMM of the IU aurI0 0 L0116 c r a daily newspaper printed in the English -age and published in Waterloo, Black Hawk County, Iowa do solemnly swear that axed copy of--------------------------------------O r d i n a n c e N o . 3 3 22-------------------------- notice was published in the English language only V44tAW once im--------------------t=---------------eaams ex--------------------- commencing on the____??t h____day of _____ an u a r y__-_____19__$4_ in the issued(Of_______________J an u a r y_-27,__ 1984__________-____.-------- of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for pub- lishing said notice. Printer's Bill $_J`�°______a-- 3 Subscribed and sworn to before me this__�_7_______day Y 604 of u ----- - - A. D., 19�I_ -------------- No1srY Pubtla Receivedof------------------------------------------------------------------- x , the sum of------------------------------------------------------ ---------- Dollars in full for publication of the above notice. --------------------------------------------------- CM ----------------------------CM A f 'S9R