Notwithstanding any other provisions or rule of law, the following persons shall be jointly and severally liable for all cost of removal and remedial actions incurred by local public safety and emergency agencies as a result of a release or threatened release of hazardous materials into the environment.
(A) The owner and operator of a facility or vessel from which there is a release or substantial threat of release of hazardous materials;
(B) Any person who, at the time of disposal, transport, storage, or treatment of hazardous materials, owned or operated the facility or vessel used for such disposal, transport, treatment, or storage from which there was a release or substantial threat of a release of hazardous materials;
(C) Any person who by contract, agreement, or otherwise has arranged with another party or entity for transport, storage, disposal, or treatment of hazardous materials owned, controlled, or possessed by another party or entity from which facility there is a release or substantial threat of release of hazardous materials;
(D) (1) Any person who accepts or accepted any hazardous materials for transport to disposal, storage, or treatment facilities from which there is a release or substantial threat of a release of hazardous materials causing expense to evacuees, administrative, or other expenses, and legal expenses. The local responding agencies or local government that has incurred expenses as a result of their response shall submit their bills to the city for requesting reimbursement.
(2) Failure to provide reimbursement by the party responsible for the spill/release upon request by local agencies or local government(s) shall result in the local government seeking remuneration through court by the City Attorney and/or County Attorney.
(Ord. 10-1994, passed 12-6-94)
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Cross reference:
Penalty for violation, see § 72.999