§ 38-124. Liability for costs associated with mitigation and cleanup.

(a)

Any person possessing, keeping, transporting or having control of hazardous materials as defined in section 38-121 is liable for those costs associated with the mitigation or cleanup of a hazardous material incident due to carelessness, negligence or violation of any local, state or federal law.

(b)

Costs shall include all necessary and reasonable costs, and shall include but not be limited to:

(1)

Costs of disposable materials and supplies acquired, consumed and expended specifically for the purpose of the cleanup or remedial action.

(2)

Compensation of employees for the time and efforts devoted specifically to the cleanup or remedial action.

(3)

Costs of rental or leasing of equipment used specifically for the cleanup or remedial action (such as protective equipment or clothing and scientific and technical equipment).

(4)

Replacement costs for equipment owned by the city that is contaminated beyond reuse or repair, if the equipment was a substantial loss and the loss occurred during the cleanup or remedial action (such as a self-contained breathing apparatus irretrievably contaminated during the response).

(5)

Costs of decontamination of equipment contaminated during the response.

(6)

Costs of special technical services specifically required for the cleanup or remedial action.

(7)

Costs of other special services specifically required for the cleanup or remedial action.

(8)

Laboratory costs of analyzing samples taken during the cleanup or remedial action.

(9)

Costs of cleanup, storage or disposal of released hazardous material.

(10)

Costs associated with the services, supplies and equipment procured for a specific evacuation.

(11)

Medical expenses incurred as a result of response activity.

(12)

Legal expenses that may be incurred by the city as a result of the cleanup or remedial action, including efforts to recover costs pursuant to this division.

(c)

Costs shall be determined by the fire chief or his designee.

(Code 1985, § 9-50; Ord. No. 2449, § 2, 4-19-94)