Transporters of hazardous substances which may pollute or impair the environment or health through the village shall be liable for the full amount and cost of any harm or damages which may result from the release of such hazardous substances. The person(s) responsible for such release of hazardous substances shall be required to remove the hazardous substance and return the affected area to its pre-accident condition if al all possible. Upon learning of an accident involving the release of hazardous substances, the Public Health Officer, or his duly authorized agent, in his or her sole discretion may determine the owner(s) or operator(s) of the vehicle involved in the accident are unable to safely and effectively clean up and/or abate the affected area, or that the spill constitutes a health hazard to nearby residents, plant life or animal life. In that event, the Public Health Officer or his or her agents, may undertake the clean-up and/or abatement of such spill or contract such a clean-up and/or abatement through a private company, and the actual cost of such action shall be the sole responsibility of the responsible party or parties. In the case of an emergency, appropriate local, state, county or federal emergency personnel may be called upon to assist in the removal of the hazardous materials to protect the health, safety and welfare of the public. All costs, fees and expenses incurred by the Village of Manchester 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