Section 3-5-B-3 CLEANUP OR ABATEMENT OF HAZARDOUS MATERIALS.

1. The Fire Chief is authorized to order cleanup or abatement of the effects of any emergency action relating to hazardous material unlawfully released, threatened to be released, discharged or deposited upon or into any property or facility within the City.
2. Supervision or Verification of Cleanup: In the event that any person undertakes, either voluntarily or upon order of the Fire Chief, to clean up or abate the effects of any hazardous materials unlawfully released, discharged or deposited upon or into any property or facilities within the City, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The persons described in subsection C of this Section shall be liable to the City for all costs incurred as a result of such supervision or verification.
3. Liability for Costs: The following described persons shall be jointly and severally liable to the City for the payment of all costs incurred by the City as a result of such cleanup or abatement activity:
   1. The person whose negligent or wilful act or omission proximately caused such release, discharge or deposit;
   2. The person who owned or had custody or control of the hazardous materials at the time of such release, discharge or deposit, without regard to fault or proximate cause;
   3. The person who owned or had custody or control of the container which held such hazardous materials at the time or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause; and
   4. The person who, at the time such release, discharge or deposit of hazardous materials took place, possessed an ownership interest in the real property or premises upon which such release, discharge or deposit of hazardous materials occurred, without regard to fault or proximate cause.