Chapter 8.15
HAZARDOUS SUBSTANCE
Sections:
8.15.040 Liability for cleanup costs.
8.15.010 Purpose.
In order to reduce the danger to public health, safety, and welfare from the storage, transportation, and spills of hazardous substances, these regulations are promulgated to establish responsibility for the removal and cleanup of spills, leakage or release of hazardous substances which create an immediate or potential danger to the public health or safety within the limits of Black Hawk County. [Ord. 20 § 1, 1987. Code 2009 § 3-5-1.]
8.15.020 Definitions.
For the purpose of this chapter, these terms have the following meanings:
“Authorized person” means the Black Hawk County Sheriff or his or her duly appointed designee. The Sheriff or his or her duly appointed designee may also appoint the Fire Chief or Assistant Fire Chief of any municipality or fire district as his or her temporary deputy, or may delegate the duties of authorized person to such Fire Chief or Assistant Fire Chief, in his or her discretion.
“Cleanup” means the same as defined in Iowa Code Section 455B.381(1).
“Hazardous condition” means any circumstance as defined in Iowa Code Section 455B.381(4).
“Hazardous substance” means any substances as defined in Iowa Code Section 455B.381(5).
“Hazardous waste” means such wastes as defined in Iowa Code Section 455B.411(5).
“Person having control over a hazardous substance” means a person who at any time produces, handles, stores, uses, transports, refines, or disposes of a hazardous substance the release of which creates a hazardous condition, including bailees, carriers, and any person in control of a hazardous substance when a hazardous condition occurs, whether the person owns the hazardous substance or is operating under a lease, contract, or other agreement with the legal owner of the hazardous substance, as defined in Iowa Code Section 455B.381(7).
“Treatment” means a method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance as to neutralize it or to render the substance nonhazardous, safe for transport, amenable for recovery and for storage, or to reduce it in volume. “Treatment” includes any activity or processing designed to change the physical form or chemical composition of a hazardous substance to render it nonhazardous. [Amended during 2014 recodification; Ord. 20 § 2, 1987. Code 2009 § 3-5-2.]
8.15.030 Cleanup required.
A. Whenever a hazardous condition is created so that a hazardous substance or waste or a constituent of a hazardous substance or waste has entered or may enter the environment, be emitted into the air, or discharged into any waters, including ground waters, the person having control over a hazardous substance shall alleviate the condition by cleanup or treatment, as defined by BHCC 8.15.020, and shall restore the affected area to its condition prior to the hazardous condition as far as practicable. The cost of cleanup or treatment shall be borne by the person having control over a hazardous substance.
B. If the person having control over a hazardous substance cannot be located within a reasonable period of time, or if the person having control over a hazardous substance does not cause the cleanup or treatment to begin within a time reasonable in relation to the hazard and circumstances of the incident, the County may, by the authorized person, give notice which shall be reasonable considering the character of the hazardous condition. The notice shall state a deadline for accomplishing the cleanup or treatment and state that the County will proceed to procure cleanup or treatment services if the cleanup or treatment is not accomplished within the deadline. The notice shall set forth a reasonable estimate of the cost of cleanup or treatment and state that the person having control over a hazardous substance will be billed for all costs associated with the cleanup or treatment, including but not limited to equipment rendered unserviceable, personnel costs (including overtime), disposal costs and any other costs associated with the cleanup or treatment.
C. If the bill for the above services is not paid within 30 days, Black Hawk County may proceed, after service of notice, either by certified mail or by one publication in a newspaper having general circulation within Black Hawk County, and hearing before the Board of Supervisors, to obtain payment by all available legal means.
D. If the cost of cleanup or treatment is beyond the capacity of the County to finance it, the authorized person shall proceed pursuant to Iowa Code Section 455B.387(2), and immediately seek any state or federal funds available, for such cleanup or treatment. [Ord. 20 § 3, 1987. Code 2009 § 3-5-3.]
8.15.040 Liability for cleanup costs.
The person having control over a hazardous substance shall be strictly liable to Black Hawk County for all of the following:
A. Those costs set forth in BHCC 8.15.030(B).
B. The reasonable costs incurred by the County to evacuate persons from the area threatened by a hazardous condition caused by the person having control over a hazardous substance.
C. Reasonable damages for injury to, destruction of, or loss of County property, including parts and roads, resulting from a hazardous condition caused by the person having control over a hazardous substance, including the cost of assessing the injury, destruction or loss. [Ord. 20 § 4, 1987. Code 2009 § 3-5-4.]
8.15.050 Notifications.
A. Any person manufacturing, storing, handling, transporting, or disposing of a hazardous substance or waste shall notify the Black Hawk County Sheriff’s Department of the occurrence of a hazardous situation as soon as possible, but no later than six hours after the onset of the hazardous condition or discovery of the hazardous condition. The Sheriff shall immediately notify the Department of Natural Resources at 515-281-8694 and any member of the appropriate fire department who has received special training in the handling and disposal of hazardous substances or wastes.
B. Any County or municipal employee or member of a law enforcement agency, city or township fire department, or ambulance service who discovers a hazardous condition shall immediately notify the Black Hawk County Sheriff’s Department. The authorized person shall notify the proper state authority in the manner established by state regulation. [Amended during 2014 recodification; Ord. 20 § 5, 1987. Code 2009 § 3-5-5.]
8.15.060 Police authority.
If the circumstances so require, the authorized person may:
A. Order the evacuation of persons to areas away from the site of a hazardous condition; and/or
B. Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to such site to persons engaged in cleanup or treatment.
No person shall disobey an order of the authorized person or any law enforcement official acting under direction of the authorized person issued under this section. [Ord. 20 § 6, 1987. Code 2009 § 3-5-6.]
8.15.070 County liability.
Except where Black Hawk County is the responsible person as defined in BHCC 8.15.020, the County shall not be liable to any person for claims of damages, injuries, or loss resulting from any hazardous condition. [Ord. 20 § 7, 1987. Code 2009 § 3-5-7.]
8.15.080 Penalty.
Any person violating any provision, section, or paragraph of this chapter shall be guilty of a misdemeanor, and upon conviction be subject to a fine not exceeding $100.00 or be imprisoned for not more than 30 days. Each day of violation shall constitute a separate offense. [Ord. 20 § 8, 1987. Code 2009 § 3-5-8.]