(A) Any person causing an unauthorized release of any hazardous substance which requires the county, any county volunteer fire department, any county agency, or any agent of the county to expend public funds for the response to the release, its abatement, or the cleanup or removal of such hazardous substance, shall be liable to the county for all recoverable costs as outlined herein below incurred by the county, any county volunteer fire department, any county agency, or any agent of the county for such response, cleanup, and removal.
(B) In the event of a hazardous substance release or threatened releases involving materials in transit, the shipper or carrier, the owner of the substances, and all other responsible persons, jointly and severally, shall be responsible for all costs incurred by the county, any county volunteer fire department, any county agency, any agent of the county, or any other dispatched emergency response team responding to the incident or providing mutual aid to the county or any county volunteer fire department including, but not limited to, personnel costs incurred in responding to the release or threatened release, replacement costs of supplies and equipment contaminated as a result of the release or threatened release, and proper disposal of contaminated materials, release and proper disposal of contaminated materials, cleanup, evacuation, and administrative and other expenses that result from the release or threatened release, including legal expenses, incurred in recovering these costs. The County Attorney is hereby authorized and directed to initiate such proceedings, in the name of the county in any court having jurisdiction over such matters as are necessary to cover costs incurred as described herein.
(C) In the event of a hazardous substance release or threatened release involving a fixed facility, the operator, owner, and all other persons responsible for the presence of hazardous substances shall be responsible for all costs incurred by the county, any county volunteer fire department, any county agency, any agent of the county, or any other dispatched emergency response team responding to the incident or providing mutual aid to the county or any county volunteer fire department including, but not limited to, personnel costs incurred in responding to the release or threatened release, replacement costs of supplies and equipment contaminated as a result of the release or threatened release, and proper disposal of contaminated materials, cleanup, evacuation, and administrative and other expenses that result for the release or threatened release including legal expenses incurred in recovering these costs. The County Attorney is hereby authorized and directed to initiate such proceedings in the name of the county in any court having jurisdiction over such matters as are necessary to cover costs incurred as described herein.
(D) Any hazardous substance or material release shall be considered a public health hazard and for those responses by the county, any county volunteer fire department, any county agency, any agent of the county, or any other dispatched emergency response team responding to the incident or providing mutual aid to the county or any county volunteer fire department, including a fixed facility within the county, the county shall have a lien against the property for the recoverable costs described herein. The affidavit of the County Judge/Executive shall constitute prima facie evidence of the amount of the lien and shall be recorded in the office of the County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter at the rate of 12% until paid. The lien created shall take priority over all other subsequent liens, except those asserted by any city or other taxing district, which has priority under KRS 134.420, and may be enforced by judicial proceeding. The owner of property upon which a lien has been attached under this chapter shall also be personally liable for the amount of the lien, including all interest, civil penalties, and other charges, and the county shall have the same remedies as provided for the recovery of a debt owed.
(Ord. 370, passed 2-5-2002)