(A) The persons who are responsible parties in connection with a hazardous material emergency shall reimburse the city for all reasonable and necessary expenses incurred in taking emergency action. Reimbursement is available under this section for expenses that are incurred by the city in taking emergency action, except for expenses of a type that the agency normally incurs in responding to emergencies that do not involve hazardous materials. Reimbursement for expenses is not available under this section if those expenses may be reimbursed by the federal government under section 123 of the Superfund Amendments and Reauthorization Act of 1986, 42 USC 9623.
(B) The city may obtain reimbursement by filing an action for reimbursement in a court of general jurisdiction of a county in which a hazardous materials emergency arises.
(C) If a responsible party fails to pay the amounts due to the city within 60 days of written demand for such reimbursement, the responsible party shall be guilty of a class A infraction. Each day that the responsible party fails to make reimbursement 60 days after written demand is considered a separate offense, and the responsible party may be fined up to $2,500 for each such violation. This fine shall be in addition to the continuing duty of the responsible party to reimburse the amount due in § 97.14(A).
(D) The city shall be entitled to reasonable attorney's fees incurred to collect reimbursement from any responsible party, as well as interest at the statutory rate on the amount paid by the city.
(Ord. 091514A, passed 11-17-14)