1989-1697763L
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 10
(FIRE PREVENTION) OF THE CODE OF ORDINANCES BY THE ADDITION OF
SECTION 10-5 THERETO, ESTABLISHING THAT ANY PARTY RESPONSIBLE
FOR A HAZARDOUS MATERIAL SPILL AFFECTING PROPERTY WITHIN THE CITY
SHALL BE LIABLE FOR ALL CLEAN-UP COSTS INCURRED BY THE CITY,
PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, upon the recommendation of the City Manager, the
City Council wishes to authorize the Fire Department to identify
and control hazardous material incidents and coordinate the as-
sistance of other departments and agencies as might be necessary,
and
WHEREAS, the City Council has determined that it is necessary
and proper to establish procedures for reimbursement for the costs
incurred in removal of hazardous wastes within the City of Denton,
NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON
SECTION I That Chapter 10 (Fire Prevention) of the Code of
Ordinances hereby amended by the addition of Section 10-5
thereto which shall read as follows
Sec 10-5 Hazardous Materials Reimbursement
(a) Any party who accidently, negligently, or inten-
tionally causes or is responsible for a spill of
hazardous material affecting property within the
City shall be liable for the payment of all costs
incurred by the Fire Department, and the other de-
partments and agencies which assist it, to abate
such an event The remedy provided by this section
shall be in addition to any other remedies provided
by law
(b) For purposes of this section, "hazardous materials"
shall be defined as any substances or materials in a
quantity or form which, in the determination of the
Fire Chief or his authorized representative, pose an
unreasonable and imminent risk to the life, health
or safety of persons or property or to the ecological
balance of the environment, and shall include, but
not be limited to, such substances as explosives,
radioactive materials, petroleum or petroleum prod-
ucts or gases, poisons, etiologic (biologic) agents,
flammables and corrosives
(c) For purposes of this section, costs incurred by the
Fire Department or other departments of the City
shall include, but shall not be limited to, all
actual out-of-pocket expenses attributable to the
abatement or clean-up of any hazardous materials in-
cident including costs of equipment operations, costs
of materials utilized, costs of specialists, experts
or other contract labor not in the full-time employ-
ment of the City, overtime costs and any other inci-
dental costs incurred by the City of Denton as a
result of said incident
(d) The authority to recover costs under this section
shall not include actual fire suppression, rescue,
medical and similar services which are normally or
usually provided by the Fire Department and other
City departments and are unrelated to a particular
hazardous material incident
SECTION II It is hereby declared to be the intention of the
City ounc t at the sections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable, and if any phrase,
clause, sentence, or section of this ordinance shall be declared
unconstitutional or invalid by any judgment or decree of a court
of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any other remaining phrase, clause, sentence,
paragraph, or section of this ordinance, and the City Council
hereby declares that it would have passed the remaining portions
even though it had known the affected parts would be held uncon-
stitutional or invalid
SFCTION III This ordinance shall become effective immedi-
ately upon its passage
PASSED AND APPROVED this the aLo- day of P& 1989
ATTEST
Y NS, *Y OR
J R,
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
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