HAZARDOUS MATERIAL EMERGENCY RESPONSE EXPENSE RECOVERY

Omaha Municipal Code ch. 10, art. XII

in effect

Omaha Municipal Code § 10-290 Definitions.

Sec. 10-290. - Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given: (a) Hazardous material means any substance that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard, according to federal, state, and/or local standards and regulations, to human health and safety, domestic animals, wildlife, economic crops or property, or to the environment if released during the course of normal handling, transportation, use, or storage. (b) Hazardous materials emergency means any occurrence where a hazardous material is released into the environment, or its container is in a condition such that the contents can be expected to be released with resulting potential to cause significant injury to people or harm to the environment, such condition resulting from damage, deterioration, or other cause. (c) Expenses means: (1) The actual labor costs of government and other personnel, including workers' compensation benefits, fringe benefits, and administrative overhead; (2) Costs of equipment, and cost of equipment operation, including fuels and other consumables; (3) Cost of materials; and (4) Cost of disposal, including processing costs, fees and transportation. (d) Response means any act taken as a mitigation or remedy to a hazardous material emergency, including, without limitation, concentrating spilled material, absorption, chemical treatment, barricading and diking of released materials, and transportation and disposal of absorbed or collected materials and their processing. (Ord. No. 33008, § 1(10-290), 7-13-93; Ord. No. 40600, § 1, 12-22-15)

Omaha Municipal Code § 10-291 Recovery authorization and procedure.

Sec. 10-291. - Recovery authorization and procedure. Due to the harmful effects of hazardous materials, a hazardous material emergency is hereby declared to be a nuisance. The fire department is authorized to provide for the emergency, temporary abatement of any hazardous materials released in the city. The city may recover, from any person, the city's expenses for any hazardous materials emergency response, when such person fits any one or more of the following criteria: (a) The person or persons whose accidental, negligent, or willful act or omission proximately cause such release, abandonment, discharge, or deposit. (b) The person or persons who owned or had custody or control of the hazardous materials at the time of such release, abandonment, discharge, or deposit without regard to fault or proximate cause. (c) Any person or persons who owned or had custody or control of the container that held the hazardous materials at the time of, or immediately prior to, the hazardous materials release, without regard to fault or causation. (d) Any person who owned or was in possession of the property on which, or from which the hazardous materials release occurred, without regard to fault or causation. (e) Any person who, by contract or otherwise, arranged for the disposal, treatment or transport of the hazardous material without regard to fault or causation, if the hazardous materials release occurred during disposal, treatment, or transport. (f) Any person who accepted hazardous materials for transport, without regard to fault or causation, if the hazardous materials release occurred during transport. The responsibility for payment of expenses set out herein shall be joint and several. Responsibility to pay such expenses of the city shall extend to all expenses directly associated with a response to a hazardous materials emergency. The fire chief or such chiefs designated agent shall determine responsibility for the emergency and shall notify the responsible person or persons by certified mail of the city's determination of responsibility and the costs to be recovered. The city may decline to seek recovery under circumstances where the expenses to be recovered do not merit the expense of seeking recovery. (Ord. No. 33008, § 1(10-291), 7-13-93; Ord. No. 40600, § 2, 12-22-15)

Omaha Municipal Code § 10-291.1 Abatement is discretionary.

Sec. 10-291.1. - Abatement is discretionary. Nothing in this article shall create a right in any person to compel or a duty in the city to abate any hazardous materials release. Enforcement of this article by the city constitutes discretionary action. (Ord. No. 40600, § 3, 12-22-15)

Omaha Municipal Code § 10-292 Appeals.

Sec. 10-292. - Appeals. Any person aggrieved by the determination as to the responsible person for reimbursement of expenses under this article may, within ten days of the issuance of such a determination, appeal to the administrative appeals board by complying with all provisions of section 2-171 et seq. of this Code. (Ord. No. 33008, § 1(10-292), 7-13-93)

Omaha Municipal Code § 10-293 Legal effect.

Sec. 10-293. - Legal effect. The determination of liability for recovery of expenses under this article shall be binding on the city only with respect to the damages it experienced under the provisions of this article. Furthermore, such determination of liability is not in any way an adjudication of liability between or among any other parties for any damages they have as a result of any motor vehicle accident or any hazardous materials emergency and nothing in this article shall be construed as a determination or admission of liability for any claims outside of the specific expenses of the city herein provided. The payment of expenses as determined under this article does not in any way constitute an admission of liability or negligence by any person making the same. (Ord. No. 33008, § 1(10-293), 7-13-93)

Omaha Municipal Code § 10-294 Actions to recover expenses.

Sec. 10-294. - Actions to recover expenses. In the event that the person or persons determined to be responsible for the payment of hazardous material emergency response expenses fail to make payment to the city within 30 days after a determination of any appeal by the administrative appeals board or 30 days from the deadline for the filing of such appeal in the event the same is not filed, the city may initiate a legal action to recover such expenses from the person or persons determined responsible. Such expenses may include, as provided by law, court costs and attorney fees. (Ord. No. 33008, § 1(10-294), 7-13-93)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH10FI_ARTXIIHAMAEMREEXREFetched: 10/28/2026