Recovery authorization and procedure.
Omaha Municipal Code § 10-291
in effectSec. 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)
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_ARTXIIHAMAEMREEXRE_S10-291REAUPRFetched: 10/28/2026