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(3) The person or persons who owned or had custody or had control of the <br />container which held such material at the time of or immediately prior to <br />such release, discharge or deposit, without regard to fault or proximate <br />cause; and <br />(4) The person or persons who own any property interest in the property or <br />facilities where such release, discharge or deposit of hazardous material <br />has occurred. <br />(h) Definitions. For purposes of this section, the following definitions shall apply: <br />(1) "hazardous material" means any material that, because of quantity, <br />concentration, or physical or chemical characteristics, poses a significant <br />present or potential hazard to human health or safety or to the environment <br />if released into the work-place or the environment. "Hazardous material" <br />includes, but is not limited to, hazardous substances, hazardous wastes, <br />and any material which the Fire Department has a reasonable basis for <br />believing would be injurious to the health and safety of persons or harmful <br />to the environment if released into the work place or the environment. <br />(2) as used in subsections (b) and (e) of this section, "other material" shall <br />mean any material, whether or not in fact a hazardous material, which is <br />unidentified or unidentifiable at the time of the Fire Department's response <br />and which the City Manager or his or her designee reasonably believes <br />may be hazardous material. <br />(3) "person or persons" shall include any natural person or persons, joint <br />venture, joint stock company, partnership, association, club, company, <br />corporation, business trust, organization, government entity or the <br />manager, lessee, agent, servant, officer or employee of any of them. <br />(i) Costs. For purposes of this section, costs incurred and recoverable by the City <br />shall include, but shall not be limited to, the following: actual labor costs of City <br />personnel, including benefits and administrative overhead; costs of equipment <br />operation; cost of materials obtained directly by the City; cost of any contract <br />labor, services, equipment and materials; and costs of suit and attorney's fees. <br />(j) Account. The Finance Director shall establish a separate "Cost Recovery - <br />Hazardous Materials Cleanup" account. All costs of clean-up and abatement <br />carried out pursuant to the authority granted by this section, including but not <br />limited to investigation, personnel, equipment, materials, legal process, experts, <br />costs of suit and attorneys' fees shall be billed to this account. Upon recovery of <br />any clean-up or abatement costs pursuant to this section, all such costs shall be <br />reimbursed to those City departments and offices in an amount proportionate to <br />their actual costs expended in said clean-up and abatement. <br />ORDINANCE N0. 2007-023 36 <br />