A. Definitions: As used in this section:
EXPENSES: Actual labor costs of government and volunteer personnel, including workers' compensation benefits, fringe benefits, administrative overhead, cost of equipment, cost of equipment operations, cost of materials, and cost of any contract labor and materials.
HAZARDOUS MATERIALS EMERGENCY: A sudden and unexpected release of any substance that because of its quantity, concentration or physical, chemical or infectious characteristics presents a direct and immediate threat to public safety or the environment, and requires immediate action to mitigate the threat.
B. Recovery Of Expenses:
1. Authorized: Upon certification of cost by the County Sheriff to the County Commission, the County Commission may authorize the County Clerk to recover from those persons whose operations of actions caused the hazardous materials emergency expenses incurred by the County that are directly associated with a response to a hazardous materials emergency.
2. Admission Of Liability Or Negligence: The payment of expenses under this subsection does not constitute an admission of liability or negligence in any legal action for damages.
3. Assistance Requested: The County Clerk may request assistance from the County Attorney's Office to assist in recovering expenses. Expenses may include reasonable attorney fees and litigation cost. (Ord. 95-12, 12-20-1996)