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2002 ORD O-12-02
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2002 ORD O-12-02
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2/25/2014 9:46:43 AM
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2/20/2014 11:32:22 AM
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1 <br />3. Any person who maintains, has maintained or <br />threatens to maintain any nuisance; <br />2 <br />4. Any person who, at any time during the creation or <br />3 <br />existence of any nuisance, owned or had control over <br />any facility at or from which the nuisance within the <br />4 <br />city has been created, contributed to, or maintained <br />5 <br />and, who, regardless of actual knowledge of the <br />existence or nature of the nuisance condition, failed <br />6 <br />to abate the nuisance; <br />7 <br />5. Any person who owns or operates any facility at or <br />from which there has been a release of a hazardous <br />8 <br />substance or pollutant; <br />g <br />6. Any person who at the time of disposal of any <br />hazardous substance or pollutant owned or operated <br />10 <br />any facility at which such hazardous substance or <br />pollutant was disposed of; <br />11 <br />7. Any person who by contract, agreement, or otherwise <br />12 <br />arranged for disposal or treatment, or arranged with a <br />transporter for transport for disposal or treatment, of <br />13 <br />hazardous substances or pollutants owned or <br />possessed by such person, by any other party or <br />14 <br />entity, at any facility owned or operated by another <br />party or entity and containing such hazardous <br />15 <br />substances or pollutant; <br />16 <br />8. Any person who owns or operates, or who owned or <br />operated at or after the time of such release, any <br />17 <br />property at which hazardous substances or pollutants <br />came to be located during such person's period of <br />18 <br />ownership or operation as a result, in whole or in part, <br />19 <br />of the previous release of, or the passive migration of <br />previously released, hazardous substances or <br />20 <br />pollutant, regardless of the source of such original <br />release, and who, having reasonable grounds to <br />21 <br />know or suspect the existence of the released <br />hazardous substances or pollutants on the facility he <br />22 <br />owns or operates, failed to abate it; and <br />23 <br />9. Any person (including any past or present generator <br />or past or present transporter) who has contributed to <br />24 <br />or is contributing to the past or present handling, <br />storage, treatment, transportation or disposal of any <br />25 <br />hazardous substance or pollutant that presents an <br />environmental nuisance or that may present an <br />26 <br />imminent and substantial endangerment to health or <br />the environment. <br />27 <br />B. Standard of Liability. Unless otherwise expressly indicated, the <br />standard of liability imposed by this chapter is strict liability, without <br />28 <br />regard to any element of mens rea, fault, negligence or other <br />wrongdoing. <br />RVPUBUSB\638380 -4- <br />
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