Hazardous substances.

Metropolitan Code of Nashville and Davidson County § 10.64.015

in effect

10.64.015 - Hazardous substances. A. Definitions. As used in this section, the following terms shall be defined as follows: "Costs" mean those necessary and reasonable costs incurred by the city in connection with investigating, mitigating, minimizing, removing or abating discharges of hazardous substances, including, but not limited to, the following: actual labor costs of city personnel or its authorized agents; cost of equipment operation and rental; and cost of expendable items including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, acid suits, acid gloves, goggles and protective clothing. "Discharge" means any intentional or unintentional action or omission resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance upon public or private property located within the city limits. "Hazardous substances" mean any substances or materials in a quantity or form, which, in the determination of the fire chief or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the city, and shall include, but not be limited to those hazardous substances listed in the N.F.P.A. Guide on Hazardous Materials or the E.P.A.'s list of extremely hazardous substances. "Person" means one or more individuals, partnerships, corporations, joint ventures, associations or any other entities or any combination thereof. B. Fire Department's Authority. The fire department is hereby authorized to take such steps as necessary to clean up, remove or abate the effects of any hazardous substances discharged upon or into public or private property or facilities located within the limits of the city. C. Persons Responsible for Unauthorized Discharges to be Liable to the City Fire Department. Any person responsible for causing or allowing an unauthorized discharge of hazardous substances that requires emergency action of the city's fire department or its authorized agents in order to protect the public health, safety or welfare shall be jointly and severally liable to the city for the costs incurred by the city in investigating, mitigating, minimizing, removing and abating any such discharge. D. Fire Department to Keep Records of Cleanup Costs. When responding to the emergency caused by the unauthorized discharge of hazardous substances, the city's fire department shall keep a detailed record of the costs attributable thereto. E. Unlawful Dischargers to Reimburse City for Cleanup Costs. Any person responsible for causing or allowing an unauthorized discharge of hazardous substances shall reimburse the city for the full amount of all costs, as defined herein, associated with investigating, mitigating, minimizing, removing and abating any such discharge within a period of thirty days after receipt of an itemized bill for such costs from the city. F. Penalty for Late Payment of Cleanup Costs. Any person responsible for causing or allowing an unauthorized discharge of hazardous substances and who fails to promptly reimburse the city within the time set forth in subsection (E) of this section shall be subject to a penalty payment equal to five percent of the total amount of the bill for each month that the bill for such costs remains unpaid. G. Remedies Supplemental to Other Remedies. The remedy provided for in this section shall be supplemental to and in addition to all other available remedies at law and equity. (Ord. BL2021-658 § 6, 2021; Ord. BL2015-1145 § 3, 2015; Ord. BL2009-509 § 1, 2009; Ord. No. BL2008-350, § 3, 2009, eff. 10-30-2009; Ord. BL2008-332 §§ 1—4, 2008; Ord. BL2007-1390 § 4, 2007; Ord. BL2002-1142 § 10, 2002)

Source: Metropolitan Government of Nashville and Davidson County, Metropolitan Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tn/metro_government_of_nashville_and_davidson_county/codes/code_of_ordinances?nodeId=CD_TIT10HESA_DIVIGERE_CH10.64FIPRCO_ARTICOAD_10.64.015HASUFetched: 10/28/2026