(a) Definitions. Unless specifically defined below, words and phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. As used in this section:
(1) COMMON CARRIER BY MOTOR VEHICLE has the same meaning as in R.C. § 4919.75(E) or 4921.02(A), as appropriate.
(2) CONTRACT CARRIER BY MOTOR VEHICLE has the same meaning as in R.C. § 4919.75(F) or 2923.02(A), as appropriate.
(3) MOTOR VEHICLE means any automobile, automobile truck, tractor, trailer, semitrailer, motor bus or other self-propelled vehicle not operated or driven on fixed tracks.
(4) PRIVATE MOTOR CARRIER has the same meaning as in R.C. § 4923.02 (A).
(5) RAILROAD has the same meaning as in R.C. § 4923.01(C).
(b) General provisions.
(1) Any person responsible for causing or allowing an unauthorized spill, release or discharge of material into or upon the environment within the village is liable to the village for the costs incurred by the village for investigating, mitigating, minimizing, removing or abating any such unauthorized spill, release or discharge of material that requires emergency action to protect the public health or the safety of the environment. The village shall keep a detailed record of its costs for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release or discharge. Promptly after the completion of such measures, the costs thereof shall be certified to the Village Solicitor, and the village shall request that the Village Solicitor bring a civil action for the recovery of such costs against the person responsible for the unauthorized spill, release or discharge, except as provided in division (b)(2) hereof.
Not less than 30 days before bringing the civil action, the Village Solicitor shall submit a written, itemized claim for the total certified costs incurred by the village for the emergency action to one responsible party, except as provided in division (b)(2) hereof, and a written notice that unless the amount is paid to the village within 30 days after the date of mailing of the claim and notice, the Village Solicitor will bring a civil action for that amount. Moneys recovered under this section shall be credited to the appropriate funds of the village from which moneys were expended in performing the emergency action.
(2) 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, a contract carrier by motor vehicle, a private motor carrier or a railroad, a claim or civil action under division (b)(1) hereof shall be submitted to or brought against, the same, as appropriate, and the costs of the emergency action shall be recovered from the motor carrier or railroad regardless of whether or not the motor carrier or railroad was responsible for causing or allowing the unauthorized spill, release or discharge to occur.
This division shall not be construed to impute negligence to a common or contract carrier by motor vehicle, a private motor carrier or a railroad against which this section authorizes a recovery of costs. A common or contract carrier by motor vehicle, private motor carrier or railroad that pays to the village, pursuant to a claim submitted or civil action brought under division (b)(1) hereof, the costs incurred by the village for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release or discharge, may bring a civil action against the party that it alleges actually caused or allowed the unauthorized spill, release or discharge to occur to recover the amount of money so paid to the village.
(c) Determination of costs. Costs incurred for investigating, mitigating, minimizing, removing or abating an unauthorized spill, release or discharge shall be based upon the cost for any and all repairs or the actual replacement of any equipment damaged or destroyed shall be billed to the person responsible for causing or allowing an unauthorized spill, release or discharge provided in division (b) hereof.
(`80 Code, § 440.065) (Ord. 2220, passed 8-3-98)