(A) Supplemental beneficial projects. This chapter shall not prohibit the community or the city from entering into binding agreements with the responsible party for remedial actions such as supplemental beneficial projects (SBPs) in lieu of monetary payment. SBPs are projects which a responsible party agrees to undertake to benefit the response entity but is not otherwise legallyrequired to perform. The SBP must have a direct benefit to the responding entity and the value of the SBP can be used to offset monetary payment on a dollar for dollar basis. There is no minimum or maximum amount of monetary payment that can be offset by a SBP.
(B) Civil action. The city may enforce these provisions by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder plus administrative collection costs, attorneys’ fees, or for any other relief that may be appropriate. A certified copy of a judgment in favor of the entity entering the legal action may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by such person(s) and such lien shall be coequal with the lien of all state, district and municipal taxes superior in dignity to all other liens, titles, and claims until paid or extinguished.
(C) Remedies at law. The city may seek any or all available remedies at law, to include the provisions of this article, against any parties responsible for any hazardous materials incident, to include those actions and remedies available under tie U.S. Bankruptcy Code relating to such matters.
(Ord. 2-2010, passed 3-9-10)