(a) Responsibility of Owner or Occupant. The owner, occupant or other person (including individuals, firms, corporations, associations, partnerships, commercial entities of whatever kind or nature, consortiums, joint ventures, government entities or any other legal entities) responsible for the operation, maintenance and/or condition of any building, premises, property or vehicle where an incident arises which involves the release or threatened release of hazardous materials on or about said building, premise, property and/or vehicle, shall be required to reimburse the Village and Township for all expenses of an emergency response to said hazardous materials incident.
(b) Charge Against Person Liable. The expenses of an emergency response shall be a charge against the person liable for the expenses under this chapter. The charge constitutes a debt of that person and is collectible by the Village or Township in the same manner as an obligation under contract, express or implied.
(c) Cost Recovery and Billing Procedures. Following the conclusion of the hazardous materials incident, the Village Manager or Township Supervisor shall submit a detailed listing of all known expenses to the Village Treasurer and/or Township Treasurer, who shall prepare an invoice for the responsible person for payment. The Treasurer's invoice shall demand full payment within thirty days of receipt of the bill. Any additional expenses that become known to the Village or Township following transmittal of the bill shall be billed in the same manner to the responsible person. For any amounts due that remain unpaid after thirty days, the Village and/or Township shall impose a late charge of one percent per month or a fraction thereof.
(d) Fees. The Village Council and Township Board shall, from time to time, establish a minimum fee for hazardous material incident responses and may amend the same from time to time by resolution. A copy of said resolution shall be maintained on file with the Village Manager.
(e) Failure to Pay; Procedure to Recover Costs. Any failure by the person described in this chapter as liable or responsible for the expenses of an emergency response to pay said bill within thirty days of mailing or service of the bill, shall constitute a default on said bill. In case of default, the Village and/or Township shall have the right and power to add all emergency response costs to the tax roll of such property involved in the hazardous materials incident and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes against said property or premises. The Village and/or Township may also pursue such other remedies or may institute any appropriate action or proceedings in any court of competent jurisdiction to collect charges imposed pursuant to this chapter. The recovery of charges imposed under this chapter shall not limit the liability of responsible parties under local ordinances or State or Federal law, rule or regulation. The responsible party may remit payment for all such charges without admitting liability for any other purpose.
(Ord. 97-5. Passed 2-9-98.)