Any person causing an unauthorized release of any hazardous substance(s) or hazardous waste(s) shall be responsible for its clean-up and all expenditures pursuant thereto. Any person causing an unauthorized release of any hazardous substance(s) or hazardous waste which results in the city or county expending public funds for the response to the release, its abatement, or the cleanup or removal of such hazardous substance(s) or hazardous waste shall be liable to the city or county for all recoverable costs as outlined below.
(A) In the event of a hazardous substance(s) release or threatened release involving materials in transit, the shipper (carrier), the owner of the substances, and all other persons whose activities caused or contributed to a release or threatened release, jointly and severally, shall be responsible for all direct costs including, but not limited to, personnel costs of the City of Winchester and County Fire Department and other dispatched emergency workers responding to the release or threatened release, replacement costs of supplies and equipment contaminated as a result of the incident, the costs of proper disposal of contaminated materials, the cost of cleanup, evacuation, and administrative and other expenses, including legal expenses, incurred in recovering these costs. The City and County Attorney are hereby authorized and directed to initiate such proceedings, in the name of the City of Winchester and the County Fiscal Court, in any court having jurisdiction over such matters as are necessary to recover costs of the city or county.
(B) In the event of a hazardous substance(s) release or threatened release involving a fixed facility, the operator, owner, and all other persons of the facility responsible for the presence of hazardous substances shall be responsible for all direct costs including, but not limited to, personnel costs of the City and County Fire Departments and other dispatched emergency workers in responding to the release or threatened release, including replacement of supplies and equipment contaminated as a result of the incident, the cost of proper disposal of contaminated materials, the cost of cleanup, evacuation, administrative, and other expenses including legal expenses, incurred in recovering these costs. The City and County Attorney are hereby authorized and directed to initiate such proceedings, in the name of the City of Winchester and the County Fiscal Court, in any court having jurisdiction over such matter as are necessary to recover costs of the city or county.
(C) Any hazardous substance(s) or material release shall be considered a public health hazard and for those responses made by the Winchester or Clark County Fire Departments and other emergency response personnel involving a fixed facility within the city or county, the city or county shall have a lien against the property for the recoverable costs as stated above. The affidavit of the Fire Chief shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings 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 until paid. The lien created shall take precedence over all other subsequent liens, except state, county, school board, and city taxes, and may be enforced by judicial proceeding. The owner of a property upon which a lien has been attached shall be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the city or county shall have the same remedies as provided for the recovery of a debt owed.
(Prior Code, § 72.106) (Ord. 96-17, passed 10-15-1996)