(A) Any person, owner/operator, handler, or other responsible party, that causes or is otherwise responsible for a release or threatened release of a hazardous material that requires or results in a response to the release or threatened release and the expenditure of public funds in executing the response to the release by the city or any agent of the city, including the HAZMAT TEN Regional Hazardous Materials Response Team, mutual aid providers, and other local public safety or emergency services agencies in the city, shall be liable to the city for all recoverable costs as outlined herein below and incurred by the city, the HAZMAT TEN Regional Hazardous Response Team, mutual aide providers, and other local public safety or emergency services agencies in the city to include any protective, mitigation, remedial and recovery actions taken in the response.
(B) In the event of a release or threatened release of a hazardous material being transported in or otherwise involved in transportation or transit in the city, the handler, the shipper or carrier, the owner/operator of the hazardous material, and any other responsible party, jointly and severally, shall be responsible for all costs incurred by the city and any agent of the city, including the HAZMAT TEN Regional Hazardous Materials Response Team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in the city in responding to the release or threatened release.
(C) At the direction of the City Commission, the director of the city Office of Emergency Management, on behalf of the city, is hereby authorized and directed to prepare and submit all bills of claim to any owner/operator, carrier, shipper, handler, or other responsible party for payment for reimbursement of all recoverable costs incurred as described in this chapter.
(D) At the directing of the City Commission, the City Attorney of the city is hereby authorized and directed to initiate such proceedings, in the name of the city, in any court having jurisdiction over such matters as are necessary to recover the costs incurred as described in this chapter.
(Ord. 2005-2, passed 9-6-05)