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Cross Reference — Motor vehicles and traffic, Title
III.
For the purposes of this Article the following term shall be
deemed to have the meaning indicated below:
Any waste or combination of wastes, as determined by the
commission by rules and regulations, which, because of its quantity,
concentration, or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness, or pose a present or potential threat to the health of humans
or the environment.
[CC 1974 §24-96; Ord. No. 1082 §I, 9-3-1980]
The company who transports hazardous material within the City
will be directly responsible for cleaning up any spills. The term "cleaning up" will be intended to mean that the company
that is responsible for these spills will be financially responsible
for all expenses incurred in relation to the actual cleaning up for
the spills. The company will also be responsible for settlement in
full and in a satisfactory manner for all lawsuits instituted either
by the City or by any individual citizen of the City as a result of
these spills.
[CC 1974 §24-97; Ord. No. 1082 §II, 9-3-1980]
If the trucks hauling hazardous waste are not owned directly
by the company, the intent of this Article is to be such that the
financial responsibility and settlement is the original and first
responsibility of the company that actually is holding the contract
and operating this or any other hazardous waste dump regardless of
location if the accident (waste spill) occurs within the City. The
company that owns or operates this dump will be required to post a
bond with the City for five million dollars ($5,000,000.00) to guarantee
that they will clean this type of spill up immediately.
[CC 1974 §24-98; Ord. No. 1082 §III, 9-3-1980]
The council will also require of carriers of hazardous waste
five million dollars ($5,000,000.00) per claim, twenty million dollars
($20,000,000.00) on liability for more than one (1) claim, and five
million dollars ($5,000,000.00) property damage as a result of any
accident or accidents as a minimum. They will be required to provide
such sums to the City to indemnify the City or individual citizens
of the City against any damage to any citizens due to bodily injury
or property damage because of the operation of these hazardous waste
carriers through the City.
[CC 1974 §24-99; Ord. No. 1082 §§V — VI, 9-3-1980]
[CC 1974 §24-100; Ord. No. 1082 §VII, 9-3-1980]
The company that owns and operates any hazardous waste dump
that travels through the City will be expected to pay all claims in
excess of five million dollars ($5,000,000.00) if such spill occurs
that would require payments to the City or any group of individuals
or individual who is a citizen of the City.
[CC 1974 §24-101; Ord. No. 1082 §§II — III, 9-3-1980]
A.Â
All
motor vehicles transporting hazardous waste within the corporate limits
of the City shall only transport said wastes on State or United States
highways and shall not operate said motor vehicles at a speed greater
than fifteen (15) miles per hour nor at a speed less than five (5)
miles per hour unless said motor vehicle is obeying a traffic control
device or the direct order of a Police Officer of the City.
B.Â
Any
person violating any of the provisions of this Section, upon conviction,
shall be punished by a fine of not less than ten dollars ($10.00)
nor more than five hundred dollars ($500.00).
