(A) Response to a hazardous material release or threatened release within the geographical boundaries of the county 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 Jessamine County and its cities shall be conducted in accordance with the provisions of the county emergency operations plan, response agency SOPs, and the terms of written mutual aid agreements approved by the County Fiscal Court. The owner/operator or handler of the hazardous material involved in a release or threatened release, or other responsible party, shall assume responsibility to 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 for all costs incurred in responding to the release or threatened release, including costs associated with execution or implementation of the County Emergency Operations Plan, response agency SOPs and the terms of written mutual aid agreements approved by the County Fiscal Court.
(B) In the event the county or 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 Jessamine County and its cities respond to a release or threatened release outside of the geographical boundaries of the county under the terms and conditions of written mutual aid agreements approved by the County Fiscal Court, the owner/operator, handler of the hazardous material involved in the release or threatened release, or other responsible party shall assume responsibility to 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 service agencies in the county and its cities for all costs incurred in responding to the release or threatened release, including costs associated with the execution or implementation of the county emergency operations plan, response agency SOPs, and the terms of written mutual aid agreements approved by the County Fiscal Court.
(C) At the direction of the County Fiscal Court, the County Attorney of Jessamine County is hereby authorized and directed to initiate such proceedings against the owner/operator, handler or other responsible party, or other public or private entity, in the name of Jessamine 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)