(A) Responsible party. The responsible party shall be required to reimburse the county or any contract agency for the county for all costs and expenses of an emergency response to said hazardous substances and/or materials incident.
(B) Charge against person. The expense of an emergency response shall be a charge imposed upon the responsible party under this subchapter. The charge constitutes a debt of that responsible party and is collectable by the county in the same manner as an obligation under contract, express or implied.
(C) Cost recovery schedule. The County Board of Commissioners may by resolution adopt a schedule of the costs included within the expense of an emergency response. This schedule shall be available at the County Clerk of Court’s office for inspection by the public during regular office hours.
(D) Billing. The county may within ten days of receiving itemized costs, or any part thereof, incurred for an emergency response, submit a bill for these costs by registered or certified mail, return receipt requested or personal service to the person liable for the expenses as enumerated under this subchapter. The bill(s) shall require full payment within 30 days from the date of mailing or service of said bill upon the responsible person.
(E) Contract agency billing. Contract agencies, such as fire departments shall conduct all of their billing and recovery actions under their agencies financial and equipment procurement processes.
(F) Failure to pay; procedure to recover costs. Any failure by the person described in this subchapter as liable or responsible for expenses of an emergency response to pay said bill within 30 days of mailing or service of the bill shall constitute a default on said bill. In case of default, the county shall have the right and power to add all response costs to the tax roll of such property involved in the hazardous substances and/or materials incident, and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes against said property or premises. The county shall also have the right to bring action in a court of competent jurisdiction to collect said costs if the county deems such action to be necessary.
(Ord. passed 3-20-2017)