It shall be the responsibility of any person which causes or controls a release of hazardous substances in the village not resulting from transportation accidents to immediately remove such hazardous substances and to clean up and restore the area of the spillage to its pre-accident condition. Upon learning of an incident, the Public Health Officer shall have the right to immediately inspect the area to determine the extent of the damage, whether the responsible party or parties possess the necessary equipment and personnel to clean up the affected area and whether the incident poses threat of immediate harm to nearby residents, plant or animal life or the environment. If, in the sole discretion of the Public Health Officer, the responsible party or parties are unable to safely and effectively clean up and/or abate the affected area, the Public Health Officer may undertake the clean-up and/or abatement through a private company, and the actual cost of such action shall be the sole responsibility of such party or parties. Moreover, if the village determines that the materials pose an emergency, appropriate local, state, county or federal emergency personnel may be called upon to assist in the removal of the hazardous substances to protect the health, safety and welfare of the public. All costs, fees and expenses incurred by the village in connection with such action shall be assessed as damages against the responsible party or parties.
(Ord. 218, passed 1-5-1995) Penalty, see § 96.99