(A) Any person, owner/operator, handler or other responsible party who 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 county or any agent of the county, including the Bluegrass Emergency Response Team, mutual aid providers and other local public safety or emergency services agencies in the county, shall be liable to the county for all recoverable costs as outlined herein below and incurred by the county, the Bluegrass Emergency Response team, mutual aid providers and other local public safety or emergency services agencies in the county to include any protective, mitigation, remedial and recovery actions taken in the response.
(B) The recoverable costs are as follows:
(1) In the event of a release of a hazardous material, or a threatened release of a hazardous material, being transported in or otherwise involved in transportation or transit in the county and its cities, the handler, the shipper or carrier, the owner/operator of the hazardous materials and any other responsible party, jointly and severally, shall be responsible for all costs incurred by the county and any agent of the county, including the Bluegrass Emergency Response Team, mutual aid providers and any other dispatched local public safety or emergency services agencies in the county and its cities in responding to the release or threatened release.
(2) In the event of a release of a hazardous material, or a threatened release of a hazardous material, at a fixed facility, the handler or the owner/operator of the hazardous material, and any other responsible party, shall be responsible for all costs incurred by the county and any agent of the county, including the Bluegrass Emergency Response Team, mutual aid providers and any other dispatched local public safety or emergency services agencies in the county and its cities in responding to the release or threatened release.
(3) At the direction of the County Fiscal Court, the Director of the County Office of Emergency Management, on behalf of the county, 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 or reimbursement of all recoverable costs incurred as described in this subchapter.
(4) At the direction of the County Fiscal Court, the County Attorney of Jessamine County is hereby authorized and directed to initiate proceedings, in the name of the county, in any court having jurisdiction over such matters as are necessary to recover the costs incurred as described in this subchapter.
(Ord. passed 9-30-2003)