§ 13-24. Imposition of costs for cleanup of hazardous waste.  


Latest version.
  • (a)

    The Fire Code Official or a duly authorized representative shall have authority to remove, dispose of, or otherwise abate any hazardous materials which have been spilled or otherwise released into the environment, whether on public property or on private property, if the Fire Code Official determines that the unabated presence of those materials creates a risk to public safety.

    (b)

    The Fire Code Official shall first attempt to have the spill or release abated by any party responsible for it, unless it creates a clear and present danger requiring immediate abatement. If such clear and present danger exists, or if the responsible party fails to abate as requested, then the Fire Code Official may abate as described in subsection (a) of this section. The Fire Code Official may contract with a private party in whole or in part for such abatement.

    (c)

    If the City abates a spill or release pursuant to this section, it shall be entitled to recovery of its actual costs incurred in removal, including, without limitation, amounts expended to private contractors plus a ten-percent administrative expense, and the higher of the cost or the value of any and all actual goods and services provided by the City proper. In addition thereto, the court may authorize recovery of punitive damages in amount not to exceed such costs when the responsible party's failure to abate is unreasonable.

    (Code 2004, § 46.1-5; Ord. No. 2006-150-165, § 3, 6-12-2006)

    Cross reference— Environment, Ch. 11; finance, Ch. 12.

(Code 2004, § 46.1-5; Ord. No. 2006-150-165, § 3, 6-12-2006)

Cross reference

Environment, Ch. 11; finance, Ch. 12.