(A) Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or release of a hazardous substance, so that the hazardous substance or a constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the responsible person shall cause the condition to be remedied by a cleanup, as defined in § 90.02 of this chapter, as rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be borne by the responsible person.
(B) If the responsible person does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the county may, by an authorized officer such as the Emergency Management Coordinator (EMC), give reasonable notice, based on the character of the hazardous condition, said notice setting a deadline for accomplishing the cleanup and stating that the county will proceed to procure cleanup services and bill the responsible person for all costs associated with the cleanup if the cleanup is not accomplished within the deadline. In the event that it is determined that immediate cleanup is necessary as a result of the present danger to the public health, safety and welfare, then no notice shall be required and the county may proceed to procure the cleanup and bill the responsible person for all costs associated with the cleanup. If the bill for those services is not paid within 30 days, the County Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the county to finance, the EMC shall report to the Board of Supervisors and immediately seek any state or federal funds available for said cleanup.
(Ord. 26, passed 10-30-2008) Penalty, see § 10.99