(a) Definitions. Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. As used in this section:
(1) "Common carrier by motor vehicle" has the same meaning 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 other self-propelled vehicle not operated or driven on fixed tracks.
(4) "Private motor carrier" has the same meaning as in Ohio R.C. 4923.02(A).
(5) "Railroad" has the same meaning as in Ohio R.C. 4923.02(A).
(b) General Provisions.
(1) A. Any person responsible for causing or allowing an unauthorized spill, release or discharge of material into or upon the environment within the City is liable to the City for the costs incurred by the City for investigating, mitigating, minimizing, removing or abating any such unauthorized spill, release or discharge of material that requires emergency action to protect the public health or the safety of the environment. 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 costs thereof shall be certified to the City Solicitor, and the City shall request that the City Solicitor bring a civil action for the recovery of such costs against the person responsible for the unauthorized spill, release or discharge, except as provided in division (b)(2) of this section.
B. Not less than thirty days before bringing the civil action, the City Solicitor shall submit a written, itemized claim for the total certified costs incurred by the City for the emergency action to one responsible party, except as provided in division (b)(2) of this section, and a written notice that unless the amount is paid to the City within thirty days after the date of mailing of the claim and notice, the City Solicitor 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.
(2) A. 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, a contract carrier by motor vehicle, a private motor carrier or a railroad, a claim or civil action under division (b)(1) of this section shall be submitted to or brought against the same, as appropriate, and the costs of the emergency action shall be recovered from the motor carrier or railroad, regardless of whether or not the motor carrier or railroad was responsible for causing or allowing the unauthorized spill, release or discharge to occur.
B. This division shall not be construed to impute negligence to a common or contract carrier by motor vehicle, a private motor carrier or a railroad against which this section authorizes a recovery of costs. A common or contract carrier by motor vehicle, private motor carrier or railroad that pays to the City, pursuant to a claim submitted or civil action brought under division (b)(1) of this section, 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. 2152. Passed 6-8-87.)
(c) Determination of Costs. Costs incurred for investigating, mitigating, minimizing, removing or abating an unauthorized spill, release or discharge shall be based upon the following:
(1) Vehicle per-hour costs shall be as follows:
A. The per-hour cost for fire vehicles shall be as follows:
Vehicle Cost/hr.
Ladder $200.00
Engine 100.00
Rescue 75.00
Medic 50.00
Squad 50.00
B. The per-hour cost for each of the following supply vehicles shall be seventy-five dollars ($75.00):
1. Air
2. Foam
3. Decon
4. Entry
5. Haz-mat
6. Diking
C. The per-hour cost for each of the following staff vehicles shall be ten dollars ($10.00):
1. Chief
2. Prevention
3. Other staff
4. Police
D. The per-hour cost for each of the following special vehicles shall be one hundred dollars ($100.00):
1. Field Command
2. Ema-van
3. Health-van
4. Light plant
5. Heated decon shower
E. The per-hour cost for each of the following service vehicles shall be as follows:
Vehicle Cost/hr.
Dump truck $75.00
Loader 100.00
Back hoe 100.00
Other heavy equipment 100.00
(2) The cost for any and all repairs or the actual replacement of any equipment damaged or destroyed shall be billed to the person responsible for causing or allowing an unauthorized spill, release or discharge provided in division (b) of this section.
(3) Personnel costs, including benefits, shall also be charged to the person responsible for causing or allowing an unauthorized spill, release or discharge, as provided in division (b) of this section. The cost of overtime personnel shall also be charged, plus an administrative charge of ten percent of the total costs.
(Ord. 2342. Passed 10-12-92.)