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<br />Sections D104, D105, D106, D107 and D108 are hereby deleted. <br /> <br />ARTICLE 3.HAZARDOUS MATERIALS <br /> <br /> <br />Section 3-3-300: RELEASE OF HAZARDOUS MATERIALS; CLEANUP OR <br />ABATEMENT; LIABILITY FOR COSTS. <br /> <br />(a) Additional Authority. The authority and remedies provided by this section <br />are in addition to those provided by any local, state or federal law. <br /> <br />(b) Fire Department Clean Up And Abatement. The Fire Department is <br />authorized to clean-up or abate the effects of any hazardous material or any other <br />material that is unlawfully released, discharged or deposited by a person or <br />persons upon, under or into property or facilities within the City. <br /> <br />(c) Study Order. In the event the City Manager or his or her designee <br />reasonably believes that a release, discharge or deposit of hazardous material <br />may have occurred upon, under or into property or facilities within the City, the City <br />Manager or his or her designee may order investigative studies to be performed by <br />any of those parties listed in subsection (g). Such studies shall include data on the <br />nature and extent of the release. The person or persons ordered to perform <br />studies pursuant to this subsection shall bear the costs of such studies. <br /> <br />(d) Clean Up Order. In the event that the City Manager or his or her designee <br />determines that a release, discharge or deposit of hazardous material upon, under <br />or into property or facilities within the City poses a threat to the public health, safety <br />or welfare or to the environment, the City Manager or his or her designee may <br />order any person or persons listed in subsection (g) to clean up or abate the <br />hazardous material at said person or person's costs. <br /> <br />(e) Supervision And Verification. In the event that any person or persons <br />undertakes, either voluntarily or upon order of the City Manager or his or her <br />designee, to clean up or abate the effects of any hazardous material or any other <br />material that is unlawfully released, discharged or deposited upon, under or into <br />any property or facility within the City, the City Manager or his or her designee may <br />take such action as is necessary to supervise or verify the adequacy of such <br />cleanup or abatement. The person or persons described in subsection (g) shall be <br />liable to the City for all costs incurred as a result of such supervision or verification. <br /> <br />(f) Access to Property. In the event the City Manager, or his or her designee, <br />reasonably believes that a release, discharge or deposit of hazardous material <br />may have occurred upon, under or into property or facilities within the City, the City <br />Manager, or his or her designee, may request the owner of said property and any <br />tenant thereon to grant its/their consent to the City or to the City's authorized