21.05.070 Environmental requirements.
(a) A person using the airport shall comply with all applicable environmental laws.
(b) A lessee, permittee, or concessionaire who is required under any environmental law to submit a report or other document about a violation or potential violation of an environmental law to a regulatory agency shall provide a copy of the document to the City Manager. Any person who receives a permit from an environmental regulatory agency in connection with the person’s use of the airport shall, within ten (10) days of receipt of the permit, provide a copy of the permit to the City Manager.
(c) A lessee, permittee, or concessionaire shall provide to the City Manager a copy of:
(1) Any notice of violation or other notice, claim, or citation alleging a violation of an environmental law affecting airport property that a regulatory agency issues to or files against that lessee, permittee, or concessionaire; and
(2) Any complaint filed in a court that alleges violation by the lessee, permittee, or concessionaire of an environmental law affecting airport property.
(d) The City Manager shall require a person responsible for the contamination of airport property to remediate and return contaminated airport property to an environmentally acceptable condition to the satisfaction of any regulatory agency having jurisdiction. However, any regulatory agency approval of a proposed remediation plan that limits the future use of airport property is subject to approval by the City Manager before the responsible person may begin remediation activities on the airport. A person remediating contaminated airport property may not unreasonably interfere with:
(1) A lessee’s use of, or access to, the lessee’s premises, unless:
(i) The contamination is a direct result of the lessee’s operations, or
(ii) The lessee first expressly consents; or
(2) The operation or development of the airport unless the City Manager first expressly consents.
(e) If the City Manager has cause to believe a premises or other property on the airport may have been contaminated, the Manager may cause to be performed an environmental assessment on the premises or property to establish the presence and source of any contamination and to describe the environmental condition of the premises or property. While performing the assessment, the City will not unreasonably interfere with a lessee’s use of, or access to, the lessee’s premises unless the lessee first expressly consents. The City will assume the cost of the assessment of a premises or property if contamination is not found on the premises or property. If contamination is found on the premises or property, the person responsible for the contamination shall, upon notice from the City Manager:
(1) Reimburse the City for the cost of the assessment; and
(2) Clean up the contamination.
(f) For purposes of this section, interference with:
(1) A lessee’s use of, or access to, the lessee’s premises is unreasonable if the interference:
(i) Poses a safety hazard or a substantial disruption of the lessee’s use of, or access to, the lessee’s premises, or
(ii) Can be avoided without materially increasing the cost or materially decreasing the effectiveness of the effort to achieve remediation satisfactory to all agencies having jurisdiction, or a reasonable environmental assessment, as applicable;
(2) The operation or development of the airport is unreasonable if the interference poses a safety hazard or a material disruption of the operation or development of the airport.
(g) For the purposes of this Chapter 21.05, the following terms are defined as follows:
(1) “Contamination” means the unpermitted presence of any released Hazardous Substance.
(2) “Environmental assessment” means an assessment of property, prepared in a manner consistent with generally accepted professional practices, that is supported by reports and tests that determine the environmental condition of property and the presence, type, concentration, and extent of a Hazardous Substance in, on, and under the surface of the property.
(3) “Environmental law” means any applicable Federal, State, or local statute, law, regulation, ordinance, code, permit, order, decision, judgment of any governmental entity relating to environmental matters, including littering and dumping.
(4) “Hazardous substance” means any substance that is defined under an Environmental Law as hazardous waste, Hazardous Substance, hazardous material, toxic, pollutant, contaminant, petroleum, petroleum product, or oil.
(5) “Materially contributed to” means to cause the release or migration of a Hazardous Substance in a reportable quantity as defined under applicable Environmental Law.
(6) “Responsible” means when used in regard to environmental contamination, means having materially contributed to, assumed under an assignment, or being otherwise liable for by law or contract.
(Ord. 2180-2006)