11.64.010 Citation.
11.64.020 Definitions.
11.64.040 Legislative findings.
11.64.050 Reporting of hazardous substance release.
11.64.060 Initial response to reported release of hazardous substance.
11.64.070 Cleanup of hazardous substance release requiring immediate action to protect public health or safety.
11.64.080 Health Commissioner to investigate reports of hazardous substance release.
11.64.090 Powers of Health Commissioner.
11.64.100 Restrictions on sites posted by Health Commissioner.
11.64.110 Liability for cleanup performed or contracted for Commissioner or Fire Enforcement Officer.
11.64.120 Authority to prevent recurrence of hazardous substance emergency.
11.64.130 Hazardous Materials Program Manager--Duties.
11.64.140 Enforcement.

11.64.010 Citation

This chapter shall be known and may be cited as the "Hazardous Substance Remedial Action and Liability Ordinance of the City of St. Louis" and shall be codified.
(Ord. 62274 § 2, 1991.)

11.64.020 Definitions.

For purposes of this chapter, the terms herein used shall have the following meanings, unless the context clearly indicates otherwise:

A. "Cleanup" means all actions necessary to contain, collect, control, identify, analyze, clean up, treat, disperse, remove, or dispose of a hazardous substance or to protect the public from a hazardous substance release.

B. "Cleanup costs" means all costs incurred by the City of St. Louis, its agents or any person participating with the approval of, or under contract with, either the Health Commissioner or a Fire Enforcement Officer in the prevention or mitigation of damages from a hazardous substance emergency or the cleanup of a release of a hazardous substance.

C. "Commissioner" means the Health Commissioner of the City of St. Louis or an employee of the Health Commissioner who has been specifically designated by the Health Commissioner to enforce and implement the provisions of this chapter.

D. "Department" means the St. Louis City Fire Department.

E. "Fire Enforcement Officer" means an employee of the Fire Department of the City of St. Louis who has been designated by the Chief of the Fire Department to investigate reported or potential releases of hazardous substances and to take other actions with regard to such releases as authorized by this chapter. As used herein, such term shall include the duly appointed Fire Marshal of the City of St. Louis.

F. "Hazardous substance" means any substance or mixture of substances, whether in solid, gaseous, liquid or mixed form, that presents a danger to the public health or safety or to the environment, including, but not limited to:

1. Any hazardous waste identified or listed by the Missouri Department of Natural Resources pursuant to Sections 260.350 through 260.430 of the Revised Statutes of the State of Missouri;

2. Any element, compound, mixture, solution or substance designated by the Environmental Protection Agency as hazardous pursuant to Sections 101(14) and 102 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (hereinafter referred to as "CERCLA");

3. Any hazardous material designated by the Secretary of the United States Department of Transportation under the Hazardous Materials Transportation Act;

4. Crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas;

5. Any radioactive materials, wastes, emissions or discharges, except to the extent that regulation of such substances hereunder would conflict with the laws of either the federal government or the State of Missouri.

G. "Hazardous substance emergency" means:

1. Any release of a hazardous substance or substances in quantities equal to or in excess of the limits established therefor pursuant to Sections 101(14) or 102 of CERCLA;

2. Any release of a hazardous substance or substances which (a) the Commissioner has determined may present a danger to public health or safety or to the environment, if cleanup is not undertaken with regard thereto, or (b) which a Fire Enforcement Officer has determined immediate remedial action is necessary to protect public health and/or safety;

3. Any release of crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, synthetic gas useable for fuel, or mixtures of natural gas and such synthetic gas, in amounts in excess of fifty gallons for liquids or three hundred cubic feet for gases;

4. Any release of a hazardous waste which is reportable under Sections 260.350 to 260.430 of the Revised Statutes of the State of Missouri;

5. Any release of a hazardous substance for which immediate notification is required pursuant to Part 171 of Title 49 of the Code of Federal Regulations;

6. Any release of radioactive materials, wastes, emissions or discharges, except to the extent that treatment of such release as a Hazardous Substance Emergency hereunder would conflict with the laws of either the federal government or the State of Missouri.

H. "Level I Hazardous Substance Emergency" means any Hazardous Substance Emergency for which a Fire Enforcement Officer has determined that immediate remedial action is necessary to protect public health and/or safety.

I. "Level II Hazardous Substance Emergency" means all Hazardous Substance Emergencies which do not constitute a Level I Hazardous Substance Emergency.

J. "Person" means any individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any other legal entity recognized by law.

K. "Person having control over a hazardous substance" means any person producing, handling, storing, transporting, refining or disposing of a hazardous substance at the time when a hazardous substance release occurs, or any person(s) owning the real estate on which a hazardous substance release occurs, whether or not any such person has an ownership interest in the hazardous substance which has been released.

L. "Release" means any threatened or actual emission, discharge, spillage, leakage, pumping, pouring, emptying or dumping of a substance into or onto land, water, or the sewer system, within the corporate limits of the City or into the air above the area contained within the City's corporate limits, including the abandonment or discarding of barrels, cylinders, or other containers or closed receptacles containing any hazardous substance, unless: (1) done in compliance with the conditions of a federal, state, city or Metropolitan Sewer District permit, (2) the substance is confined, and is expected to remain confined, to property owned, leased or otherwise controlled by the person having control over the substance, which property is properly fenced and secured to prevent ready access by the public to said property, or (3) in the case of pesticides, if application is made in accordance with the product label.

M. "Site" means any premises, building, field, lot, street, highway, alley or similar piece of property or real estate, whether publicly or privately owned, including the air above or within it, the earth on and below it, and any water or liquid on or below it.
(Ord. 62274 § 3, 1991.)

11.64.040 Legislative findings.

The Board of Aldermen of the City hereby makes the following findings:

A. A wide range of hazardous substances are stored, produced, and used within, and transported through, the boundaries of the City.

B. The storage, production, use and transportation of such hazardous substances within the City presents a potential for release of such substances into the environment. Specifically, the potential exists for release of hazardous substances into the air, ground, groundwater and sewer systems within the boundaries of the City.

C. The release of a hazardous substance or substances into the environment presents not only a potential for contamination and pollution of the environment, but also may constitute a hazard to human life, health, safety and welfare. Due to the dangers presented by certain releases of hazardous substances into the environment, such releases may constitute an emergency situation requiring immediate remedial action.

D. The Board of Aldermen specifically finds and declares that the release of a hazardous substance into the environment constitutes a nuisance, subject to abatement by the Health Commissioner pursuant to the authority granted said Commissioner by Article XIII, Section 14-C(c) of the Charter of the City.

E. In many instances, private businesses and individuals who have control over one or more hazardous substances do not have the capacity and/or resources to take necessary remedial action, or to undertake such remedial action on a timely basis, to cleanup after the release of a hazardous substance into the environment. Thus, it may become necessary, from time to time, for the City to undertake or contract for cleanup of hazardous substances following a release of such substances into the environment.

F. Remedial measures necessary for cleanup of a hazardous substance release are costly. Where cleanup actions are undertaken by the Fire Department or Health Division, such actions will most often involve use of costly equipment, such as personal protection clothing, which cannot be reused, adding greatly to the expense of cleanup operations.

G. In order to assure that the City has the necessary resources to protect its citizenry in the event of a Hazardous Substance Emergency, it is imperative that the City be able to recover the costs incurred by it in cleaning up the release of a hazardous substance from the person(s) having control of such substance at the time of the release.
(Ord. 62274 § 4, 1991.)

11.64.050 Reporting of hazardous substance release.

Any person having control of a hazardous substance at the time that a release of such substance occurs shall immediately report such release to the Fire Department, by calling the 911 emergency number. A written follow up report shall be made to the Chief of the Fire Department, or his duly authorized representative, within five days of the release. The Fire Department shall provide the Health Commissioner and the Hazardous Materials Program Manager with a copy of such report within two working days of receipt of the follow up report. Such report shall specify:

A. the person(s) having control over the hazardous substance(s) at the time of a release;

B. the name of the substance(s) released;

C. the location where the release occurred;

D. the medium(s) into which the substance(s) were released;

E. the amount of substances released;

F. the known health, safety and environmental risks associated with the substance(s) which were released;

G. the actions taken to cleanup the release;

H. any further actions which the person(s) having control of the hazardous substance(s) at the time of the release intends to take to cleanup or remedy the effect of the release;

I. the name of any persons other than the person(s) having control of the hazardous substance(s) at the time of the release who assisted in cleanup of such substance(s); and

J. the name of a person or persons who can be contacted for further information regarding the release.

A copy of the material safety data sheet for each hazardous substance which has been released into the environment shall be attached to this report. The requirements of this section are intended as a supplement to, and not a replacement for, the requirements of any federal or state law or regulation requiring reporting of a release of a hazardous substance. Reporting of a release of a hazardous substance pursuant to the rules and regulations of the St. Louis Local Emergency Planning Committee, promulgated under the authority of Title III of the federal Superfund Amendments and Reauthorization Act of 1986, shall constitute compliance with this section. Failure to comply with the requirements of this section shall be a violation punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each day following a release of a hazardous substance during which such release goes unreported shall constitute a separate violation. Each day for which no follow up report of a release is filed, after the fifth day following such release, shall constitute a separate violation.
(Ord. 62274 § 5, 1991.)

11.64.060 Initial response to reported release of hazardous substance.

Whenever a release of a hazardous substance has been reported to the Department pursuant to the provisions of Section 11.64.050, or the Department otherwise becomes aware of a potential release, a Fire Enforcement Officer shall immediately investigate such report to determine: (A) whether a release has occurred, (B) the extent and quantity of the release, and (C) whether, if a release has occurred, the release constitutes a Hazardous Substance Emergency. Additionally, he shall take whatever action he deems to be immediately necessary to protect public health and safety. If the Fire Enforcement Officer making an investigation of a release determines that immediate cleanup is necessary to protect the public health and safety, he shall declare a Level I Hazardous Substance Emergency. Such declaration may be oral; however, within forty-eight (48) hours of the declaration of an emergency by a Fire Enforcement Officer, a follow up written notice of such declaration shall either be personally served upon, or sent by registered first class mail to, the person having control of the hazardous substance. Such follow-up notice shall designate the boundaries of the site for which a Level I Hazardous Substance Emergency was declared. Whenever the Fire Department receives a report of a release of a hazardous substance, or upon otherwise becoming aware of a potential release, the Fire Department shall, within forty-eight (48) hours of the conclusion of its investigation, inform the Commissioner and the Hazardous Materials Program Manager of the results thereof.
(Ord. 62274 § 6, 1991.)

11.64.070 Cleanup of hazardous substance release requiring immediate action to protect public health or safety.

Where a Fire Enforcement Officer has declared a Level I Hazardous Substance Emergency, the Fire Enforcement Officer may proceed to immediately take or order all actions necessary to cleanup the hazardous substance(s) which have been released, including the hiring of a private response contractor(s), unless the person(s) having control of the hazardous substance(s) at the time of the release is immediately willing and capable of undertaking cleanup of the substance. If a Level I Hazardous Substance Emergency has been declared and the person(s) having control of such substance(s) at the time of the release volunteers to undertake cleanup of such substance(s), the Fire Enforcement Officer on the scene shall have final authority to determine whether such person(s) has the capability to immediately undertake appropriate action to cleanup the release. If he determines at any time that the person(s) having control of the hazardous substance(s) is incapable of properly cleaning up the release, or is not properly conducting cleanup activities, the Fire Enforcement Officer shall order such person(s) not to engage in or to cease cleanup activities and the Fire Enforcement Officer shall then immediately proceed to take or order all actions necessary for cleanup of the release. The authority of a Fire Enforcement Officer under this section to take or order cleanup actions shall be limited to actions necessary to alleviate immediate danger to public health or safety and activity reasonably associated or related therewith. Upon completion of cleanup activities necessary to alleviate immediate danger to public health and/or safety at the site of a release, the Fire Enforcement Officer shall rescind his order declaring a Level I Hazardous Substance Emergency at such site. He shall immediately notify the Health Commissioner of such action.
(Ord. 62274 § 7, 1991.)

11.64.080 Health Commissioner to investigate reports of hazardous substance release.

Upon being informed of a hazardous substance release, or upon otherwise becoming aware of a release or potential release, which has not been declared a Level I Hazardous Substance Emergency by the Fire Department, the Health Commissioner shall immediately cause an investigation of such release or potential release to be made by Fire Department and/or Health Division personnel for purposes of determining: (A) whether a release has occurred, (B) the extent and quantity of the release, and (C) whether, if a release has occurred, the release constitutes a Hazardous Substance Emergency. The Health Commissioner shall also cause investigation of all sites for which a Level I Hazardous Substance Emergency was rescinded, following cleanup actions, to determine whether a Level II Hazardous Substance Emergency exists at such site.
(Ord. 62274 § 8, 1991.)

11.64.090 Powers of Health Commissioner.

A. If, after investigation of a release by either the Fire Department or Health Division personnel, it is determined that such release constitutes a Level II Hazardous Substance Emergency, then the Health Commissioner shall issue an order declaring a Level II Hazardous Substance Emergency. Such order shall specifically designate the release requiring declaration of a Level II Hazardous Substance Emergency as a nuisance. The Commissioner's order shall designate the boundaries of the site for which such Hazardous Substance Emergency exists. The Commissioner shall cause notice of such Level II Hazardous Substance Emergency to be either personally served, or sent by registered mail, to the owner(s) and occupant(s) of the site and to the person(s) having control of the hazardous substance(s) at the time of the release. The Commissioner shall also officially notify the Fire Department, the St. Louis Metropolitan Police Department, the Building Commissioner of the City of St. Louis, the Missouri Department of Natural Resources, the Environmental Protection Agency, any other governmental agency which the Commissioner determines should be notified, and utility companies providing service to the site. Further, notice of such written follow-up order is to be given to the parties, and in the manner, specified above.

B. If the Commissioner has declared a release to be a Level II Hazardous Substance Emergency, he shall, in consultation with other City agencies and appropriate state and federal agencies, issue an order to the person(s) having control of the hazardous substance(s) at the time of the release which resulted in declaration of the emergency requiring such person(s) to take any actions necessary to cleanup the release. As part of said order, the Commissioner may require the person(s) having control of the hazardous substance(s) at the time of the release to prepare a plan for cleanup of the release and to provide a written copy of said plan to the Commissioner for approval. The order shall establish a timetable for presentation of a cleanup plan and for completion of cleanup of the site where the release occurred.

C. The Commissioner, upon declaration of a Hazardous Substance Emergency, has the authority and power to conspicuously post a notice on the site designated in the order which declared the emergency, which notice shall substantially read as follows:

DANGER!
HAZARDOUS SUBSTANCES PRESENT.
AREA POSTED BY ST. LOUIS HEALTH COMMISSIONER, UNAUTHORIZED PERSONNEL KEEP OUT.

For Information Contact:
The St. Louis Health Commissioner
(314) 658-1054

D. Where the Commissioner has determined that it is in the best interest of public health and/or safety to post a notice pursuant to the provisions of subsection C of this section, the Commissioner shall also cause to be recorded with the Recorder of Deeds, for the site for which such notice is posted, a notice stating that the site is subject to the restrictions set forth in Section 11.64.100 of this ordinance.

E. Upon completion of all work necessary on a site to comply with a cleanup order issued by the Commissioner, the notice posted pursuant to subsection C of this section shall be removed from the site, and notice of such action shall be given to all persons previously provided with notice concerning said site under either subsection A or C of this section. Additionally, the Commissioner shall cause to be recorded with the Recorder of Deeds a notice stating that the site restrictions set forth in Section 11.64.100 have been rescinded with regard to said site.

F. If a person who had control over a hazardous substance at the time a release occurs fails to comply with an order issued by the Commissioner pursuant to subsection B of this section, or if such person can not be contacted within ten (10) days of a release which has resulted in declaration of a Level II Hazardous Substance Emergency, then the Commissioner may undertake cleanup of the hazardous substance(s) which have been released and/or contract with one or more private contractors for cleanup of such hazardous substances. All such contracts must be executed by the Commissioner and countersigned by the Comptroller and City Counselor. This subsection in no way shall restrict the authority of the Fire Chief or of a Fire Enforcement Officer to undertake, or contract for, cleanup of a release which presents an immediate threat to public health or safety, pursuant to the provisions of Section 11.64.070.

G. In the event that a Level II Hazardous Substance Emergency has been declared as the result of the discovery of any abandoned or discarded barrels, cylinders, or other containers or closed receptacles containing any hazardous substance, the Commissioner may immediately undertake or contract for cleanup actions with regard to said barrels, cylinders, containers or receptacles, regardless of the presence of an immediate danger to the public health and/or safety.

H. It shall be a violation of this chapter for any person to fail to comply with the provisions of an order issued by the Commissioner pursuant to subsection B of this section. Such violation shall be punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each day during which a person fails to comply with an order issued by the Commissioner pursuant to subsection B of this section shall constitute a separate violation. It shall be a defense to such violation that the failure to comply with the Commissioner's order was due to an act of God or an act of war, or was due to the actions of a third party not an agent or employee of the person to whom the Commissioner's order was directed. It shall also be a defense to said violation that the person to whom the order was issued was not a person having control of the hazardous substance at the time the release occurred which led to the declaration of a Hazardous Substance Emergency.

I. It shall be a violation for any person to remove, vandalize, or mutilate, or otherwise intentionally cause to be unreadable, a notice posted by the Commissioner pursuant to this section. Such violation shall be punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
(Ord. 62274 § 9, 1991.)

11.64.100 Restrictions on sites posted by Health Commissioner.

It shall be unlawful for any person to enter any site which has been posted by the Health Commissioner pursuant to subsection C of Section 11.64.090 or for any persons to excavate, dig, construct, renovate or otherwise alter the physical condition of the surface, terrain, topography, subsurface, subterraneous material or any structures at said site, or to remove any material from said site, without first obtaining written permission therefor from either the Commissioner, the Missouri Department of Natural Resources or the United States Environmental Protection Agency.
(Ord. 62274 § 10, 1991.)

11.64.110 Liability for cleanup performed or contracted for Commissioner or Fire Enforcement Officer.

If a Fire Enforcement Officer has, pursuant to the provisions of Section 11.64.070, taken or ordered actions necessary to cleanup a hazardous substance(s) involved in a Hazardous Substance Emergency, or if the Commissioner has undertaken to cleanup a hazardous substance release pursuant to the provisions of either subsection F or G of Section 11.64.090, the person(s) having control over the hazardous substance(s) at the time of the release which resulted in declaration of the emergency shall be strictly liable to the City for the reasonable costs of cleanup incurred by the City pursuant to the provisions of this chapter, including, but not limited to, amounts paid to private contractors to assist in the cleanup of the released hazardous substance(s), except that the City shall not be entitled to reimbursement for salary or wages paid to City employees involved in the cleanup other than overtime wages paid to said employees as a result of their participation in cleanup activities.
(Ord. 62274 § 11, 1991.)

11.64.120 Authority to prevent recurrence of hazardous substance emergency.

A Fire Enforcement Officer, in consultation with other Fire Department personnel, the Commissioner, the Building Commissioner, any appropriate federal or state agency, and/or private person(s) having expertise in the handling of hazardous substances, shall have authority to issue an order requiring a person having control over a hazardous substance involved in a Hazardous Substance Emergency to take such corrective actions as may be reasonably required to prevent a recurrence of such hazardous substance emergencies. Failure to comply with an order issued pursuant to the provisions of this section shall be a violation punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Each day that a person fails to comply with an order issued pursuant to this section shall constitute a separate violation.
(Ord. 62274 § 12, 1991.)

11.64.130 Hazardous Materials Program Manager--Duties.

A. Whenever a Hazardous Substance Emergency is declared, the Fire Enforcement Officer making the declaration, or the Health Commissioner, if he has declared the emergency, shall make an oral report thereof to the Hazardous Materials Program Manager as soon as is practicable. In no event shall such oral report be made later than twenty (20) hours after the declaration of a Hazardous Substance Emergency.

B. Additionally, the Fire Department and the Commissioner shall provide the Hazardous Materials Program Manager with: a copy of all orders issued by them concerning any hazardous substance emergency, any documents received by them from persons having control of a hazardous substance(s) involved in a Hazardous Substance Emergency which concerns such emergency, and any documents received by them from other governmental agencies which relate to a Hazardous Substance Emergency.

C. The Hazardous Materials Program Manager shall keep records concerning all sites which have been involved in a Hazardous Substance Emergency. These records shall be kept according to street address. Where there is not a street address for a site involved in a Hazardous Substance Emergency, records concerning such emergency shall be kept by City block number or by other method calculated to allow a person examining such records to determine the location of the site of such emergency.

D. If the Fire Department or Commissioner expends funds for cleanup activities, for which another is or may be liable to make reimbursement to the City pursuant to the provisions of Section 11.64.110, the Hazardous Materials Program Manager shall be provided all information necessary for him to pursue reimbursement of the funds so expended. The Hazardous Materials Program Manager shall then prepare and mail, by registered mail, an itemized invoice to the person(s) who had control of the hazardous substance(s) at the time the release in question occurred, requiring reimbursement to be made to the City within thirty (30) days of the date of the invoice. If no reimbursement is made, and no appeal contesting payment of such costs is filed with the director of the Missouri Department of Natural Resources (pursuant to the provisions of 260.546.2 R.S.Mo.), within thirty (30) days from the date of the invoice, the debt shall be turned over to the City Counselor for collection. If appeal of an invoice is made to the director of the Department of Natural Resources, payment of any costs found reasonable and appropriate by the director shall be made within thirty (30) days of any such decision. If reimbursement is not made within such time, the debt shall be turned over to the City Counselor for collection. Any monies collected pursuant to this section shall be paid into the General Revenue Fund of the City.

E. The Hazardous Materials Program Manager shall determine whether the City is entitled to reimbursement from the state and/or federal government for all or part of the funds expended by it in response to a Hazardous Substance Emergency and, wherever appropriate, shall take all actions necessary to apply for reimbursement. All monies received by the City as reimbursement for funds expended by it in response to a Hazardous Substance Emergency shall be paid into the General Revenue Fund of the City.
(Ord. 62274 § 13, 1991.)

11.64.140 Enforcement.

Enforcement of the provisions of this chapter by the Commissioner and/or Fire Department is intended to supplement and be subordinate to enforcement by appropriate state and federal officials of the provisions of state and federal laws and regulations concerning the release of hazardous substances into the environment. To the extent possible, the Commissioner and the Fire Department shall coordinate actions taken pursuant to the provisions of this chapter, and shall consult with regard to such actions, with the United States Environmental Protection Agency, the Missouri Department of Natural Resources, and/or other appropriate state or federal agencies, pursuant to the provisions of applicable statutes or regulations.
(Ord. 62274 § 14, 1991.)