Sec. 360.502. - Punitive damages.

If a person who is responsible for a release or threat of release of a hazardous substance, pollutant or contaminant fails by his wilful or wanton misconduct to properly provide reasonable removal of or remedial action with respect to a hazard posing an imminent danger to the public health, upon order of the Board entered pursuant to Section 360.408 , the person may be liable to the City for punitive damages in an amount at least equal to, and not more than three times, the amount of the costs and expenses incurred by the City as a result of the failure to take proper action. The Board is authorized to commence a civil action against the person to recover the punitive damages, which shall be in addition to any costs recovered from the person pursuant to Section 360.408 . Moneys received by the City pursuant to this Section shall be deposited in the Environmental Protection Fund. The City shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs, in an action where the City is successful in obtaining affirmative relief. (Ord. 84-674-684, § 1)