§ 94.03 HAZARDOUS MATERIALS INCIDENT EXPENSE RECOVERY.
   (A)   An individual, a corporation, a partnership, an unincorporated association, or any unit of federal, state or local government person causing or permitting a hazardous materials incident shall be responsible, jointly or severally, for all of the following:
      (1)   Reimbursement in full for any and all costs incurred by the city in responding to such hazardous materials incidents, at the rate of $150 per hour per vehicle (or any fraction of an hour), and the hourly pay, including overhead cost and the prorated cost of employee benefits, for each employee who participates in such response to a hazardous materials incident, and administrative expenses.
      (2)   Reimbursement in full for any and all costs incurred by the city for equipment and materials damaged, lost, spent, destroyed or rendered irreparable in connection with a hazardous materials incident, including costs of time of employees spent in replacing such equipment and materials.
      (3)   Reimbursement of, and full liability for, any and all costs of cleanup and removal resulting from a hazardous material incident, including but not limited to, expenses charged by any third party, as defined in § 94.01, which may be necessitated by such hazardous materials incident.
      (4)   Reimbursement shall include, but is not limited to, the cost of all related medical monitoring or medical treatment of any representatives, who as a part of their association with the incident, may have come in contact with known or potentially hazardous materials, fire fighting, emergency rescue, emergency medical, hazardous materials response, civil defense, technical rescue and/or police.
   (B)   The city shall prepare and forward to the person or persons causing or permitting a hazardous materials incident a bill for the total costs and expenses incurred, for which such person or persons are responsible pursuant to this section; provided, however, any costs in connection with any third party may be billed directly by such third party.
      (1)   The city shall have the right to pursue any and all remedies as may be provided by law for the recovery of monies payable to the city.
      (2)   Payment of the total bill shall be made within 60 days of receipt.
      (3)   Any bill or portion of a bill remaining unpaid after 60 days of receipt shall accrue interest on the unpaid balance at the rate of 5% per month, or fraction of a month.
(Ord. 08-762, passed 4-16-08)