§ 6-10.02. Liability for unauthorized disposal releases.

If the City takes any corrective action which, in the judgment of either the City Manager or the District Manager of any special district governed by the Council, or their designees, is reasonably necessary to remedy or prevent substantial danger to the public health, domestic livestock, wildlife, or the environment arising out of any unauthorized disposal or release of any hazardous waste or substance, the following described persons shall be jointly and severally liable to the City for the cost incurred by it in taking any such corrective action:

(a)

The person whose negligent and/or wilful act or omission proximately caused any such disposal or release;

(b)

The person who owned or had custody or control of the hazardous waste or substance at the time of such disposal or release, without regard to fault or proximate cause; and

(c)

The person who owned or had custody or control of the container which held such hazardous waste or substance at the time of, or immediately prior to, such disposal or release, without regard to fault or proximate cause.

(§ 1, Ord. 612, eff. September 4, 1985)