(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY ACTION. Any action taken to prevent or minimize the harm to human health, the environment or to property from the uncontrolled release of a hazardous material.
EMERGENCY RESPONSE AGENCY. The City of Kokomo Fire Department and all volunteer fire departments servicing the county.
HAZARDOUS MATERIAL. Any material or waste that has been determined to be hazardous or potentially hazardous to human health, the environment or property by the United States Environmental Protection Agency, Nuclear Regulatory Commission, Department of Transportation or Occupational Safety and Health Administration, or the Solid Waste Board. This definition shall also include all of the hazardous materials identified in 49 C.F.R. § 172.101.
HAZARDOUS MATERIAL EMERGENCY. An occurrence that involves the controlled or imminent uncontrolled release of a hazardous material into the environment and that creates the possibility of harm to human health, property or the environment.
RESPONSIBLE PARTY. A person who owns hazardous material that is involved in the emergency, or owns a container or owns or operates a motor vehicle that contains hazardous material that is involved in the emergency, or one who causes or substantially contributes to the cause of the emergency, or one who owns real estate where an emergency occurs and knew or should have known that hazardous material was being used, stored or transported on the real estate.
(B) Payment for clean-up.
(1) Person who are responsible parties shall reimburse the emergency response agency for all reasonable and necessary expenses incurred in taking the emergency action.
(2) The emergency response agency shall submit a statement of the charges to the responsible owner within 30 days of the emergency. The statement shall direct the responsible party to remit payment directly to the emergency response agency within 30 days of receipt. In the event the responsible party fails to make full payment within 60 days, the responsible party shall be subject to the penalty prescribed in § 10.99. Each day that the responsible party fails to make reimbursement 60 days after written demand shall be considered a separate offense and the responsible party may be fined as provided in § 10.99 (up to $2,500) for each such violation. This fine shall be in addition to the continuing duty of the responsible party to reimburse the amount of the statement.
(3) All fines imposed shall be paid to the County Auditor into an account maintained under this section.
(BCC Ord. 1997-32, passed 7-7-97) Penalty, see § 10.99