HomeMy WebLinkAbout1989-1820 - Ordinance - 09/14/1989ORDINANCE NO. 1820
AN ORDINANCE DECLARING THE RELEASE, DISCHARGE OR DEPOSIT OF
HAZARDOUS SUBSTANCES OR WASTES WITHIN THE CITY LIMITS OR WITHIN
5,000 FEET OF THE CITY LIMITS TO BE A PUBLIC NUISANCE, PROVIDING
FOR ABATEMENT OF SAID NUISANCES, AND PROVIDING FOR RECOVERY OF
COSTS.
WHEREAS, the City Council is aware of the dangers posed to
public health, safety and welfare by hazardous substances and
hazardous wastes; and
WHEREAS, the City Council is concerned that the costs for
abatement of hazardous substances and hazardous wastes be borne
by the responsible party; and
WHEREAS, the City Council held a public hearing on September
14, 1989; and
WHEREAS, the City Council is authorized to define and prohi-
bit any nuisance within the City limits of the municipality and
within 5,000 feet outside the City limits;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEGE STATION, TEXAS:
Section 1. Definition. For purposes of this section, the
following definitions shall apply:
(a) "Hazardous substance" shall be defined as any substance
that, because of its quantity, concentration or physical or chem-
ical characteristics, poses a significant present or potential
hazard to health, safety or to the environment when used, trans-
ported, released or improperly stored.
(b) "Hazardous waste" shall be defined as a solid waste that
may cause or significantly contribute to serious illness or
death, or that may pose a substantial threat to human health or
the environment if not managed properly, and which includes
liquids, semisolids, and compressed gases.
Section 2. Nuisance. It shall be unlawful for any person
or entity to release, discharge or deposit any hazardous sub-
stance or waste upon or into any facility or property, including
airspace, within the City limits or within 5,000 feet outside the
City limits. A violation of this section shall constitute a pub-
lic nuisance which endangers the safety, health, and welfare of
residents of the City of College Station.
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Section 3. Abatement.
(a) The fire chief is authorized to abate and remove the
effects of any hazardous substance or waste unlawfully released,
discharged or deposited upon or into any property or facilities
within the City limits or within 5,000 feet outside the City
limits.
(b) In the event that any person undertakes, either volun-
tarily or upon order of the fire chief or other city official,
to abate or remove the effects of any hazardous substance or
waste unlawfully released, discarded or deposited upon or into
any property or facilities within the city, the fire chief may
take such action as is necessary to supervise or verify the ade-
quacy of the abatement or removal.
Section 4. Recovery of Costs.
(a) The following described persons or entities shall be
jointly and severally liable to the City for the payment of all
costs incurred by the City as a result of such cleanup or abate-
ment activity:
(1) The persons or entities whose negligent or willful
act or omission proximately caused such release, discharge or
deposit;
(2) The persons or entities who owned or had custody
or control of the hazardous substance or waste at the time of
such release, discharge or deposit, without regard to fault or
proximate cause; and
(3) The persons or entities who owned or had custody
or control of the container which held such hazardous waste or
substance at the time or immediately prior to such release, dis-
charge or deposit, without regard to fault or proximate cause.
(b) Recoverable costs incurred by the City shall include,
but not be limited to, the following: actual labor costs of 'all
utilized' City personnel, including benefits and administrative
overhead, cost of equipment operation, cost of any contract labor
and materials, and costs of actual fire suppression services pro-
vided by the fire department, in addition to any other services
provided by the fire department provided in abating or removing
the nuisance pursuant to Section 3. If legal assistance is re-
quired in order to enforce this ordinance, recoverable costs
shall also include any attorney's fees and court costs incurred
in the enforcement of this ordinance.
(c) The remedies provided by this section shall be in addi-
tion to any other remedies provided by law.
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This ordinance shall become effective from and after its
passage.
PASSED AND APPROVED THIS THE14th DAY OF September,
1989.
MAY R R Y RIN R
ATTEST:
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DIAN JO �S
CITY S eTARY