A. Authority To Control And Eliminate: The Carbondale Fire Department is hereby authorized to control and eliminate hazardous materials and hazardous material emergencies. The Fire Department shall have the authority to summarily remove, abate, and remedy all hazardous material emergencies or incidents within or without the corporate limits of the City which are dangerous or prejudicial to public health, safety or property. Expenses incurred by the Carbondale Fire Department shall be the joint and severable liability of the owner or owners of the hazardous material, the owner of the means of transport, and all other persons having responsibility for or contributing to the hazardous material emergency or incident whether resident or nonresident.
B. Hazardous Materials Specialist Sought; Expenses: The Carbondale Fire Department as determined by its Chief or his designee is hereby authorized to seek and obtain the services of an independent hazardous material specialist or to seek and obtain the service of a hazardous material specialist associated with the company or companies responsible for the hazardous material emergency or incident. The expenses of removal, abatement, or remedy of a hazardous material emergency or incident shall include but shall not be limited to charges for all materials used; a charge for all firefighting services including equipment and manpower; charges for experts, specialists, or other consultants; and all other charges associated or related to the hazardous material emergency or incident.
C. Fire Chief Ascertain Expenses; Notify Responsible Party: The Fire Chief of the Carbondale Fire Department shall ascertain the expenses incurred in removing, abating, or remedying the hazardous material emergency or incident and shall notify the responsible party informing said party that all expenses and charges are due and payable immediately from date of notice of the charges. Any person who shall fail or refuse to pay the expenses of removal, abatement, or remedy shall be responsible for all attorney fees, collection costs, and other expenses incurred by the City in effecting collection of the amounts owing. Monies collected hereunder as expenses for removal, abatement, or remedy of any hazardous material emergency or incident shall be used by the City to purchase materials, training, and programs for controlling and containing hazardous material emergencies and incidents. (1998 Code)