(a) Any person or corporation responsible for causing or allowing an unauthorized spill, release or discharge of material into or upon the environment is liable to the Village for disaster services rendered, and for all incidental and related costs. The costs shall be paid by the person or entity responsible for causing or allowing the unauthorized spill, release or discharge of materials into or upon the environment that requires emergency action to protect the public health or safety or the environment.
(b) If an unauthorized spill, release or discharge occurs from a motor vehicle or train being operated by, or on behalf of, a common carrier by motor vehicle, contract carrier by motor vehicle, private motor carrier or railroad, a claim or civil action shall be submitted to or brought against, as appropriate, and the costs of the emergency action shall be recovered from, the motor carrier or railroad, regardless of whether the motor carrier or railroad was responsible for causing or allowing the unauthorized spill, release, or discharge to occur.
(c) Costs recoverable under this chapter shall accrue commencing with the first notification to the Village of an incident involving, or which may involve, or subsequently proves to involve, an unauthorized spill, release or discharge.
(d) "Material" has the same meaning as in Ohio R.C. 3745.13, and any regulations promulgated or matters decided thereunder, as appropriate.
(e) "Motor vehicle" means any automobile, truck, tractor, trailer, semitrailer, motorbus or other self-propelled vehicle not operated or driven on fixed tracks.
(f) "Private motor carrier" has the same meaning as in Ohio R.C. 4923.02.
(g) "Railroad" has the same meaning as in Ohio R.C. 4907.02.
(h) "Unauthorized spill, release or discharge" has the same meaning as in Ohio R.C. Chapter 3745 and any regulations promulgated or matters decided thereunder, and shall include, but not be limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, releasing, injecting, escaping, leaching, dumping or disposing of any material, into or upon the environment, which may endanger the public health or safety or the environment. The term does not include any spill, release or discharge that is in compliance with Ohio R.C. Chapters 1509, 3704, 3734 and 6111 and rules adopted thereunder, or with the terms and conditions of a current and valid permit or license.
(Ord. 1999-71. Passed 11-10-99.)