8E Consent 2010 1018 - Laserfiche WebLink

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(0 Access to Property. In the event the City Manager, or his or her designee, reasonably believes that a release. discharge or deposit of hazardous material may have occurred upon. under or into property or facilities within the City, the City Manager, or his or her designee, may request the owner of said property and any tenant thereon to grant its /their consent to the City or to the City's authorized contractor to enter onto said property for the purpose of taking samples of matter suspected of containing hazardous materials. If such consent is obtained, the City, or the City's authorized contractor, may enter said property to take such samples. If either the owner of said property or any tenant thereon refuses to grant its /their consent to such sampling, the City Manager or his or her designee may request the City Attorney to obtain all necessary judicial orders and approval for entry onto the property for sampling purposes. All costs incurred by the City, including all legal fees and costs, in obtaining judicial approval to sample hazardous materials pursuant to this subsection shall be recoverable from any property owner or tenant who refused the City access to the property. (g) Responsible Parties. The following described persons shall be jointly and severally liable to the City for the payment of all costs incurred by the City as a result of any activity undertaken by the City pursuant to subsections (b). (c), (d) and (e): • (1) The person or persons whose act or omission caused such release, discharge or deposit without regard to fault or proximate cause; and (2) The person or persons who owned or had custody or had control of the material at the time of such release. discharge, or deposit. without regard to fault or proximate cause; and (3) The person or persons who owned or had custody or had control of the container which held such material at the time of or immediately prior to such release, discharge or deposit. without regard to fault or proximate cause; and (4) The person or persons who own any property interest in the property or facilities where such release, discharge or deposit of hazardous material has occurred. (h) Definitions. For purposes of this section. the following definitions shall apply: (1) "hazardous material" means any material that, because of quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health or safety or to the environment if released into the work -place or the environment. "Hazardous material" includes. but is not limited to, hazardous substances, hazardous wastes. and any material which the Fire Department has a reasonable basis for believing would be injurious to the health and safety of persons or harmful to the environment if released into the work place or the environment. 19