(A) (1) All releases or threatened releases of any hazardous material, including a release or threatened release of a hazardous material involved in transportation or in transit or a release or threatened release of a hazardous material at a fixed facility, shall be considered a public health hazard in the City of Madisonville. For the purpose of securing all recoverable costs incurred in executing a response to any hazardous material release or threatened release 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, the Madisonville City Council shall have, and there is hereby created, a lien against the real or personal property in Hopkins County possessed by the owner/operator, handler, or any other responsible party or person. The affidavit of the Mayor of the City of Madisonville shall constitute prima facie evidence of the amount of the lien and it shall be recorded in the office of the Hopkins County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest thereafter at the rate of twelve percent (12%) until paid. The lien created shall take priority over all other subsequent liens, except those asserted by any city or other taxing district, which has priority under KRS 134.420, and may be enforced by judicial proceeding. The owner of property upon which a lien has been attached under this subchapter shall also be personally liable for the amount of the lien, including all interest, civil penalties, and other charges and the City of Madisonville shall have the same remedies as provided for the recovery of a debt owed.
(2) As to any moveable personal property or mobile carrier located in Hopkins County, Kentucky, including, but not limited to, any titled motor vehicle, trailers attached thereto, vessels, cargo tanks, locomotive engines, rail tank cars, rolling stock, and other equipment used to store or transport a hazardous material, the Madisonville City Council may effectuate or order the seizure or impoundment of such property pending enforcement of the lien by a court of competent jurisdiction. In addition, the Madisonville Police Department or Hopkins County Sheriff’s Office may order impoundment to preserve such property as evidence.
(3) The owner/operator or handler of the hazardous material involved in a release or threatened release, or other responsible party, shall be responsible to 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 for all costs incurred in responding to the release or threatened release, including costs associated with execution or implementation of the terms of written mutual aid agreements approved by the City of Madisonville.
(4) In the event 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 respond to a release or threatened release outside of the geographical boundaries of the City of Madisonville under the terms and conditions of written mutual aid agreements approved by the Madisonville City Council, the owner/operator, or handler of the hazardous material involved in the release or threatened release, or other responsible party, shall be responsible to the City of Madisonville and any agent of the City of Madisonville, including 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 for all costs incurred in responding to the release or threatened release, including costs associated with the execution or implementation of the terms of written mutual aid agreements approved by the Madisonville City Council.
(5) At the direction of the Madisonville City Council, the City Attorney of Madisonville is hereby authorized and directed to initiate such proceedings against the owner/operator, or handler, or other responsible party, or other public or private entity, 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.
(B) This subchapter shall not restrict or replace cost recovery from funding sources available under state and federal regulations.
(Ord. 07-18, passed 8-20-07)