(A) Response to a hazardous material release or threatened release within the geographical boundaries of the city 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 shall be conducted in accordance with provisions of the Perry County Emergency Operations Plan, response agency SOPs, and the terms of written mutual aid agreements approved by the City Commission. The owner/operator or handler of the hazardous material involved in a released or threatened release, or other responsible party, shall assume responsibility to the city and any agent of the city, including HAZMAT TEN Regional Hazardous Materials Response Team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in the city for all costs incurred in responding to the release or threatened release, including costs associated with execution or implementation of the Perry County Emergency Operations Plan, response agency SOPs, and the terms of written mutual aid agreements approved by the City Commission.
(B) In the event the city or 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 in the city, respond to a release or threatened release outside of the geographical boundaries of the city, under the terms and conditions of written mutual aid agreements approved by the City Commission, the owner/operator or handler of the hazardous material involved in the release or threatened release, or other responsible party, shall assume responsibility to 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 for all costs incurred in responding to the release or threatened release, including costs associated with execution or implementation of the Perry County Emergency Operations Plan, response agency SOPs, and the terms of written mutual aid agreements approved by the City Commission.
(C) At the direction of the City Commission, the City Attorney of the city is hereby authorized and directed to initiate such proceedings against the owner/operator or handler, or other responsible party, or other public or private entity, in the name of the city, in any court having jurisdiction over such matters as are necessary to recover the cost incurred as described in this chapter.
(Ord. 2005-2, passed 9-6-05)