HomeMy WebLinkAbout35239 / 89-504 February 2 , 1989 pebrUdry 16, 1989 S 481 #504 ORDINANCE
FIRST READING SECOND READING
(CAARIED_______ LOST _______ LAID OVER _______ WITHDAAWN ________)
PUAPOSE: ESTABLISH FEIMBURSEMENT REQUIREMENTS FOR
HAZARDOUS MATERIAL DISCHARGES
INITIATED BY; FIRE DEPARTMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CPEATING SECTION 13-23•1
OF THE OSHKOSH MUNZCIPAL CODE PEFTAINING TO AEIMBURSEMENT FOR
NAZAADOUS MATEAIAL DISCHARCES
The Commo❑ Council of the City of Oshkosh do ordain as follows :
SECTION 1 . That Section 13-Z3•1 of the Oshkosh Municipal Code
pertaining to reimbursements for the City of Oshkosh expenses
relatetl to the discharge of hazartlous materials is ereated to read
as follows :
SECTION 13-Z3 . 7 PROHIBITED DISCHAACES; REIMeORSEMENT
( A) ecQhihi�a� Pisaharsa�
No person, firm or corporation shall discharge or cause to be
discharged , leaked , leached or spilled upon any public or
private street � alley , public or private property , or anto the
ground , surface waters � subsurface waters , or acquifiers � or
within City, except those areas specifically licensed for waste
disposal or landfill activities and to receive such materials ,
any explosive , flammable or combustible solid, liquid or gas ,
any radioactive material at or above Nuclear Regulatory
Restriction levels , etiologic a�ents, or any solid , liquid or
gas creating a hazard , potential hazard � or publle nuisance or
any solid � liquid or gas having a deleterious effect on the
environment .
�B> �Qn�aiem�n�� �laanae and E�s�nca�inn
Any person� firm or corporation in violation of the above
section shall � upon direction of any Fire Departme�t officer,
begin immediate actions to co�tain , clean up and remove to an
approved repository the offending materials(s) and restore the
site to its original condition , with the offending person , firm
or corporation being responsible for all expenses incurred.
Should any perso�, firm or corporation fail to engage the
necessary persons and equipment to comply or to complete the
requirements of this section, the Fire Chief or Police Chief,
or designees , may order the required actio�s to be taken by
public or private sources and allow the recovery of any and all
costs incurred by the City as action imposed by paragraph (C)
below.
_ 2q _
� February 2, 1989 #481 # 504 - Cont'd.
February 16, 1989
�C ) �m€C6fln4Y �€LY14fl� H£3244flfl
Includes , but is ❑ot limited to: fire service, emerge�cy
medical service, law enforcement. A perso�, firm or
corporation who possesses or controls a hazardous substanee
which is tlischarged or uho causes the discharge of a hazardous
substance shall be respo�sible for reimbursement to the
responding agencies for aetual and necessary expenses incurred
in carrying out their duties under this ordinance. Actual and
necessary expenses may inclutle but not be limited to:
replacement of equipment damaged by the hazardous material ,
clea�ing , decontami�ation and maintenance of the equipment
specific to the incident� costs incurred in the procureme�t and
use of specialized equipment specific to the i�cident, specific
laboratory expenses incurred in the recognition a�d
decontamination , clean up and medical surveillance , and
incurred costs in future medical surveillance of respo�se
personnel as required bY the respontling agencies medical
advlsor.
(D) �1�€ A44g@@
Access to any site , publie or private, where a prohibited
discharge is intlicated or suspected shall be provided to Fire
Department officers and staff and to Police Department
personnel for the purpose of evaluating the threat to the
public and monitoring containment, clea❑ up and restoration
activities .
�E) g�h114 PL4�E4�14Il•
Should any prohibited discharge occur which threatens the life �
safety or health of the public at , ❑ear or around the site of a
prohibited discharge , and that the situation is so critical
that immetliate steps must be taken to protect life and limb �
the Fire Chief, his assistant , or the senior police official on
the scene of the emergency may order an evacuation of the area
or take other appropriate steps for a period of time until the
person , firm or corporation in violation of this section can
take appropriate action.
�F� SclYll L1dQ111S.Y
Any person , firm or corporation in violation of this section
shall be liable Lo the City for any expenses i�curred by the
City or loss or damage sustained bY the City by reason of such
violations .
SECTION 2. This ordinance shall be in full force and effect
from and after its passage and publication .
.3EII?TF.D PY
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