Broken Arrow City Council
Meeting of: 12-16-2025
Title:
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Consideration, discussion, and possible preview of Ordinance No. 3902, an Ordinance amending the City of Broken Arrow Code of Ordinances Chapter 10, Fire Prevention And Protection, Article II, Division I, Section 10-27, entitled "Specialized services," specifically removing "Hazmat cleanup;" amending Chapter 10, Fire Prevention and Protection, Article IV, entitled "Explosives," specifically reserving Sections 10-106 to 10-120; enacting Chapter 10, Fire Prevention and Protection, Article V, entitled "Hazardous Materials Incident Response;" repealing Chapter 13.1, entitled "Hazardous Materials and Waste;" and repealing all ordinances to the contrary
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Background:
From time to time, the City of Broken Arrow Fire Department is tasked with responding to various situations involving the identification, quarantine, clean-up, evacuation, and disposal of various potentially hazardous materials. Currently, municipal code provides two different provisions permitting the recovery of costs incurred for response to incidents involving hazardous materials. Due to the decentralized location, differing standards of culpability, and ambiguous language of these provisions within the Code, the scope of authority and mechanism to recover costs is not clear, and there is no express authority to waive costs in extenuating circumstances.
To remedy these deficiencies, the proposed ordinance centralizes, clarifies, and codifies a process for recovering costs incurred when responding to hazardous materials incidents. The proposed ordinance provides definitions, declares hazardous materials a nuisance, describes the City Manager's authority to respond to hazardous materials incidents, identifies responsible parties, permits cost recouperation, and provides a mechanism for a responsible party to request a waiver of costs in certain circumstances.
Council consideration of this Ordinance would be greatly appreciated.
Cost: ...
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