Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking, or placing of a hazardous waste or substance, so that the hazardous substance or waste or a constituent of the hazardous waste or substance may enter the environment or be emitted into the air or discharged into any waters, including groundwaters, the responsible person shall cause the condition to be remedied by a cleanup, as defined in the preceding section, as rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be borne by the responsible person. The responsible person also shall be responsible to implement any reasonably necessary or advisable temporary cleanup efforts and any reasonably necessary or advisable efforts to ameliorate the impact of the hazardous condition or to reduce the danger of the hazardous condition. Complying with this section does not relieve the responsible party from liability or responsibility to the city or third parties for damages arising out of the hazardous condition.

If the responsible person does not cause the cleanup or other work required by this section to begin, proceed and be completed within a reasonable time, in relation to the hazard and circumstances of the incident, the city may, by an authorized officer, give reasonable notice, based on the character of the hazardous condition, with this notice setting a deadline for accomplishing the cleanup, or that the city will proceed to procure the cleanup and other services and bill the responsible person.

If the responsible person does not comply, the city may perform the cleanup and other services, or procure the cleanup and other services, and the responsible person shall repay the city for those costs and expenses. Each responsible person shall be responsible for the entire cost of the cleanup and other services, jointly and severally. Nothing contained in this section shall create a duty on the city to remedy a hazardous condition and the city may choose not to act. [Ord. 460 § 3, 1997; Code 1975 § 3-5.0103.]