(A) Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in § 98.24, the following persons shall be jointly and severally liable for all costs of removal and remedial action incurred by the village as a result of a release or threatened release of a hazardous materials provided the persons are not at the time of release or threatened release taxpayers of the village:
(1) The owner and operator of a facility or vessel from which there is a release or substantial threat of release of a hazardous material;
(2) Any person who, at the time of disposal, transport, storage or treatment of a hazardous material, owned or operated the facility or vessel used for the disposal transport, treatment or storage from which there was a release or substantial threat of a release of any hazardous material;
(3) Any person who by contract, agreement or otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous materials owned, controlled or possessed by the person at a facility owned or operated by another party or entity from which facility there is a release or substantial threat of a release of the hazardous materials; and
(4) Any person who accepts or accepted any hazardous materials for transport to disposal, storage or treatment facilities from which there is a release or a substantial threat of release of the hazardous substances.
(B) Notwithstanding anything to the contrary in division (A) above, taxpayers of the village shall be jointly and severally liable for all costs of removal and remedial action incurred by the village as a result of a release or threatened release of hazardous material only if:
(1) The hazardous material was stored, produced, transported or used in violation of any federal, state or local statute, regulation or ordinance;
(2) Persons as are determined by the Board of the village to have chronically released or threatened to release the hazardous material: and
(3) Persons as are determined by the Board of the village to have been grossly negligent in the storage, production, transportation, or use of the hazardous material or the release or threatened release was due to gross negligence by the persons or by their willful and wanton conduct. For the purpose of this division (B)(3), taxpayers of the village shall not include any persons, firms or corporations, who, while engaged in commerce or business for profit, or for their own account as a part of their own for profit business operations, by themselves by or through their agents, employees, officers, or servants, carry and/or transport any hazardous material, as defined herein, within the village by means of any vehicle, including, but not limited to, a trust, train, boat, ship, barge, or automobile, whether or not the entity is otherwise considered a taxpayer of the district.
(Ord. 1492, passed 6-6-1992)