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 City of Madisonville, the Hazmat 2 regional WMD/hazardous materials response team, mutual aid providers, and other local public safety or emergency services agencies, shall be liable to the City of Madisonville for all recoverable costs as set forth in this subchapter incurred by the City of Madisonville, the Hazmat 2 regional WMD/hazardous materials response team, mutual aid providers, and other local public safety or emergency services agencies including any protective, mitigation, remedial and recovery actions taken in the response.
(A) 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 in transit in the City of Madisonville and its jurisdiction, the handler, the shipper or carrier, the owner/operator of the hazardous material, and any other responsible party, jointly and severally, shall be responsible for all costs incurred by the City of Madisonville, the Hazmat 2 regional WMD/hazardous materials response team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in the City of Madisonville and its jurisdiction in responding to the release or threatened release.
(B) 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 City of Madisonville, the Hazmat 2 regional WMD/hazardous materials response team, mutual aid providers, and any other dispatched local public safety or emergency services agencies in the City of Madisonville and its jurisdiction in responding to the release or threatened release.
(C) At the direction of the City Council and the Mayor of the City of Madisonville, the Fire Chief of the City of Madisonville Fire Department 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.
(D) At the direction of the Madisonville City Council, the City Attorney of the City of Madisonville is hereby authorized and directed to initiate such proceedings, in the name of the City of Madisonville in any court having jurisdiction over such matters as are necessary to recover the costs incurred as described in this subchapter.
(E) An invoice identifying eligible costs under this subchapter shall be submitted by mutual aid responders to the City of Madisonville within thirty (30) days after the cost was incurred or identified. Submitted invoices must include sufficient documentation for cost reimbursement (i.e., copies of time sheets for specific personnel, copies of bills for the materials, equipment and supplies procured or used, and the like). Accepting invoices from agencies outside the City of Madisonville shall not incur liability to the City of Madisonville to pay costs from such agencies until payment is received by the City of Madisonville from the responsible party.
(F) The City of Madisonville shall submit one or a series of consolidated invoices to the responsible party, identifying the responders (i.e. agencies, agents or municipalities) and their specific costs for reimbursements. The responsible party shall issue a separate certified check made payable to each responder that submitted an invoice. The checks will be sent to the City of Madisonville within sixty (60) days of receiving a consolidated invoice. The City of Madisonville shall disburse the checks to the responders.
(Ord. 07-18, passed 8-20-07)