929.04 REIMBURSEMENT TO THE CITY FOR HANDLING OF HAZARDOUS MATERIAL INCIDENTS.

   The City may seek from the responsible party or parties reimbursement for the total cost of investigating, mitigating, minimizing, removing or abating of a hazardous material release (spill) or discharge, as well as the total cost of collecting, storing and/or disposal of said hazardous material subsequent to the release (spill) or discharge.  Said reimbursement shall be sought in compliance with applicable Federal and Ohio law, including, but not limited to Ohio R.C. 3745.13 and such other laws or administrative regulations as shall be applicable.  Upon recommendation of the Fire Chief and Finance Director, the Safety Director may establish a schedule of charges to be used in determining the above costs.  In addition, the City may seek compensation separate and apart from that sought from the responsible party or parties, from the Federal Government, pursuant to the Super Fund Amendments and Reauthorization Act of 1986 and all other Federal, State and Local laws allowing for such a recovery.  However, such compensation shall in no way mitigate or diminish the City's claims against the responsible party or parties.  The City also may seek reimbursement for payments made by it to an outside company or entity in connection with the collection, storage and/or disposal of hazardous materials performed by said outside company or entity.  Nothing herein shall derogate from or otherwise limit the City's legal and equitable remedies regarding the handling of hazardous material incidents and the costs related thereto.

(Ord. 1997-175.  Passed 10-6-97.)