(A) Cost recovery shall be available to the administering agency and any responding agencies for a hazardous materials incident pursuant to this section.
(B) (1) Cost recovery shall encompass any or all of the following expenses that directly result from a hazardous materials incident and that are directly incurred by the administering agency and/or responding agencies pursuant to their rights and obligations under this Chapter 95:
(a) Reasonable and necessary costs incurred for response, incident assessment, control, containment and abatement of a hazardous materials incident;
(b) Reasonable costs associated with transportation and storage of hazardous materials if necessary for control and containment of a hazardous materials incident;
(c) Reasonable and necessary costs of ensuring the safety of the public, both on and off the site of the hazardous materials incident;
(d) Reasonable and necessary costs of repairing or replacing equipment damaged or destroyed as a direct result of a hazardous materials incident;
(e) Reasonable and necessary contract labor and equipment costs directly related to a hazardous materials incident;
(f) Reasonable and necessary overtime costs for time devoted specifically to a hazardous materials incident;
(g) Disposable materials and supplies consumed and expended as a result of a hazardous materials incident;
(h) Decontamination of equipment utilized during a hazardous materials incident; and
(i) Reasonable and necessary laboratory costs associated with analyzing samples taken during a hazardous materials incident.
(2) Responding agencies shall keep a detailed record of costs and expenses associated with hazardous materials incident responses, including receipts, when available.
(3) The authority to recover costs attributable to hazardous materials incident response shall not include (i) costs incurred for fire suppression services that are routinely provided by Louisville Metro Government, Jefferson County fire protection districts, or their agents; (ii) costs associated with normal wear and tear of equipment used by responding agencies, or (iii) for any other costs typically incurred by the administering agency or other responding agencies associated with a routine emergency response.
(C) (1) A claim by a responding agency for cost recovery from the owner/operator of the facility at which the hazardous materials incident occurred, along with any supporting documentation, shall be submitted within 30 days of the incident, or of the discovery of damage to any equipment specifically related to the incident, to EMA. It is the responsibility of each responding agency to fully document and support any claim for reimbursement.
(2) EMA shall forward a copy of all the reasonable and necessary cost recovery requests, as approved by the incident commander, to the owner/operator of the facility being charged and to the billing department of each responding agency making a claim for cost recovery.
(D) If additional remediation is required, and additional costs are incurred, the responding agency may continue to submit claims for reimbursement of expenses, and provide all required documentation, as set forth herein.
(E) Cost recovery shall not be deemed a fee or penalty, as defined within this chapter. Appeals of billings made in accordance with this subchapter may be taken in accordance with the provisions of § 95.14.
(Lou. Metro Ord. No. 121-2007, approved 7-2-2007)