1620.03 RESPONSIBILITY FOR COSTS OF EMERGENCY RESPONSE.

   (a)   The costs of the emergency response shall be assessed to and recovered from the person(s) responsible for creating or causing the emergency or incident resulting in the emergency response in the following circumstances, except as may be limited by policy adopted by the Village Council:

      (1)   Where the emergency or incident results from a violation of a federal, state or local law, regulation or ordinance or from a reckless, careless or negligent act or omission;

      (2)   Where the person is arrested for, or is involved in a motor vehicle accident in connection with, the person's operation of a motor vehicle while impaired by or under the influence of intoxicating liquor or a controlled substance; or

      (3)   In any other instance where the Village or Police or Fire Departments have to expend funds out-of-pocket or are charged or invoiced for water, services, equipment, supplies or other materials used in connection with the emergency response.

   (b)   Cost recovery for any hazardous material incident may be pursued in a civil action in accordance with the Natural Resource Environmental Protection Act (MCL 324.20135(l)(b)).

(Ord. 2009-09. Passed 12-14-09.)