Chapter 3.38
HAZARDOUS MATERIAL CLEANUP

Sections:

3.38.010    Definitions.

3.38.020    Cleanup authorized.

3.38.030    Cost recovery.

3.38.040    Joint liability.

3.38.010 Definitions.

“Extraordinary costs” shall be defined as set forth in RCW 4.24.314(3) as currently enacted or as it may hereafter be amended.

“Hazardous materials” shall be defined as set forth in RCW 70.136.020(1) as currently enacted or as it may hereafter be amended.

“Hazardous materials incident” shall be defined as set forth in RCW 70.136.020(5) as currently enacted or as it may hereafter be amended. (Ord. 2012-01 § 1)

3.38.020 Cleanup authorized.

The fire department of the city of Wenatchee, or its authorized contractor, is authorized, but not required, to clean up or otherwise mitigate the actual or threatened harm resulting from a hazardous materials incident within the city. This authorization includes, but is not limited to, motor vehicle accidents which involve spillage or leakage of liquids such as oil, battery acid, fuel, antifreeze, brake fluid, transmission fluid, and other petroleum based products. (Ord. 2012-01 § 1)

3.38.030 Cost recovery.

Any person, firm, or corporation responsible for causing a hazardous materials incident is liable to the city of Wenatchee for extraordinary costs incurred by the city in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident, until the incident oversight is assumed by the Department of Ecology. Extraordinary costs shall be actual costs incurred, or where actual costs are difficult to determine, shall be based upon the Washington Fire Chief Association Reimbursement Schedule. Extraordinary costs shall include a reasonable administrative fee for processing and billing. (Ord. 2012-01 § 1)

3.38.040 Joint liability.

The persons, firms or corporations whose negligent, reckless or intentional act or omission proximately caused the hazardous materials incident shall be jointly and severally liable to the city of Wenatchee for payment of extraordinary costs assessed pursuant to WCC 3.38.030. (Ord. 2012-01 § 1)