660.15   UNAUTHORIZED SPILLS OF HAZARDOUS MATERIALS.
   (a)   Definitions. As used in this section:
      (1)   “Common carrier by motor vehicle” means the same as in Ohio R.C. 4919.75(E) or 4921.02(A), as appropriate.
      (2)   “Contract carrier by motor vehicle” has the same meaning as in Ohio R.C. 4919.75(F) or 4923.02(A), as appropriate.
      (3)   “Motor vehicle” means any automobile, automobile truck, tractor, trailer, semitrailer, motor bus or any other self-propelled vehicle not operated or driven on fixed tracks.
      (4)   “Private motor carrier” means the same as in Ohio R.C. 4923.02.
      (5)   “Aircraft” means any machine or device, including airplanes, helicopters, gliders, blimps and dirigibles, capable of atmospheric flight.
      (6)   “Railroad” means the same as in Ohio R.C. 4907.02.
   (b)   Liability. Any person or corporation responsible for causing or allowing an unauthorized spill, release or discharge of material into or upon the environment is liable to the City for disaster services rendered. The costs shall be paid by the person or corporation responsible for causing or allowing the unauthorized spill, release or discharge of materials into or upon the environment that requires emergency action to protect the public health or safety or the environment. The officers of the City shall keep a detailed record of its costs for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release or discharge. Promptly after the completion of such measures, the officers of the City shall certify such costs to the City Law Director, as appropriate, and shall request that such counsel bring a civil action for recovery of such costs against the person responsible for the unauthorized spill, release or discharge, except as provided in subsection (c) hereof. Not less than thirty (30) days before bringing the civil action, such counsel shall submit a written itemized claim for the total certified costs incurred by the City, except as provided in subsection (c) hereof, and a written notice stating that unless the amount is paid to the City within thirty (30) days after the date of mailing of the claim and notice, such counsel will bring a civil action for that amount. Moneys recovered under this section shall be credited to the appropriate funds of the City from which moneys were expended in performing the emergency action.
   (c)   Civil Action. If an unauthorized spill, release or discharge occurs from a motor vehicle or train being operated by, or on behalf of, a common carrier by motor vehicle, contract carrier by motor vehicle, private motor carrier, aircraft or railroad, a claim or civil action under subsection (b) hereof shall be submitted to or brought against, as appropriate, the motor carrier, aircraft or railroad, regardless of whether or not the motor carrier, aircraft or railroad was responsible for causing or allowing the unauthorized spill, release or discharge to occur, and the costs of the emergency action shall be recovered from such motor carrier, aircraft or railroad.
   This section shall not be construed to impute negligence to a common or contract carrier by motor vehicle, a private motor carrier, an aircraft or a railroad against whom this section authorizes recovery of costs.  A common or contract carrier by motor vehicle, a private motor carrier, an aircraft or a railroad that pays to the City, under subsection (b) hereof, the costs incurred by the City for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release or discharge, may bring a civil action against the party that it alleges actually caused or allowed the unauthorized spill, release or discharge to occur, to recover the amount of money so paid to the City.
(Ord. 1988-69. Passed 5-16-88.)