(A) Notice. Upon notification or discovery of any release or violation of the provisions of this chapter, the administering agency and any responding agency shall immediately investigate the site upon which the violation is located. The administering agency will be the lead enforcement agency for violations of this chapter. If a violation exists, or a release has occurred, a citation describing the violation or release shall be served by the administering agency upon the party that is responsible for the facilities upon which the violation or release has occurred, if the identity of the party is known. If a release occurs on a facility owned or operated by MSD, then the Louisville/Jefferson County Emergency Management Agency will act as the lead agency to determine whether a release constitutes a violation and whether a citation shall be issued to MSD. MSD as the administering agency will retain all of its other rights and obligations under this chapter with the exception of review of any releases on MSD facilities. The citation shall also include the following if applicable:
(1) A statement that the situation must be abated within the period of time prescribed by the Public Health and Wellness Department in consultation with the administering agency giving the party responsible for the release the option to initiate cleanup and disposal, provided that no unreasonable delay or damage to the public is the result thereof.
(2) A statement that if the situation is not remedied within the prescribed period of time, the Public Health and Wellness Department and/or any responding agency(ies) may proceed to correct the violation or release.
(3) A statement that the party shall be liable for costs incurred by responding agencies associated with their releases as set forth in § 95.12 below, and that after the violation has been corrected, or the release has been remediated, a bill shall be sent, charging the party the amount of costs and expenses incurred by the administering agency and any responding agencies.
(4) A statement that, in addition to cost recovery measures, that monetary penalties also may be levied by the administering agency for violations that have occurred.
(5) Any penalty assessed in accordance with § 95.99.
(B) Issuance. The administering agency will issue a Preliminary Response Report to the party found to be responsible for a hazardous materials incident. The party shall complete and submit the PRR to the administering agency within ten calendar days of the incident date. Failure to submit the PRR to the administering agency by the due date, or submission of an incomplete PRR shall be deemed to be a violation of this chapter.
(C) Governmental response. If a hazardous materials incident occurs, the administering agency and/or one or more responding agencies may take reasonable steps to abate any problem associated with the hazardous materials incident and may take reasonable steps to clean up the area affected to assure continuing safety of the public and the environment, if either of the following circumstances exists:
(1) The identity of the party responsible for the facility upon which such hazardous materials incident occurs is unknown at the time of the incident and subsequent remediation by the administering agency and/or responding agencies; or
(2) A situation exists that presents an imminent danger to facility employees and/or the general public, and the party responsible for the facility upon which the hazardous materials incident has occurred is not taking sufficient response actions to abate and minimize such imminent danger.
(D) Responsible party billed. When the identity of the party responsible for the facility is determined, or, for emergency situations, at a time subsequent to the cleanup of the spill, leak or release, a bill shall be sent to the party for the costs for correcting the violation, or remediating the release, in accordance with the provisions of § 95.12.
(E) Injunctive relief. The administering agency is empowered to seek injunctive relief for violations of this ordinance should other means prove ineffective and a threat to public health and safety exists.
(1994 Jeff. Code, § 95.10) (Jeff. Ord. 17-1993, adopted and effective 7-7-1993) (1999 Lou. Code, §§ 99.37, 99.38) (Lou. Ord. No. 188-1985, approved 8-26-1985; Lou. Am. Ord. No. 86-1993, approved 5-13-1993; Lou. Am. Ord. No. 247-1994, approved 12-14-1994; Lou. Metro Am. Ord. No. 121-2007, approved 7-2-2007)