(a) The following described persons shall be jointly and severally liable to the City for the payment of all costs incurred by the City as a result of such cleanup or abatement activity:
(1) An entity, person or persons or agents or employees thereof whose negligent or willful act of omission proximately caused such release, discharge or deposit;
(2) Any entity, person or persons or agents or employees thereof who owned or had custody or control of the hazardous substance or the material at the time of such release, discharge, or deposit, without regard to fault or proximate cause; and
(3) The entity, person or persons or agents or employees thereof who owned or had custody or control of the container and/or motor vehicle which held such hazardous material or substance at the time of or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause.
(b) Any and all persons causing or contributing to the causing of a release or threatened release which results in an emergency action shall be liable to the City for the recoverable expenses relating from the emergency action. This shall be in addition to any and all penalties provided by law.
(c) The City may seek reimbursement for the total cost of investigating, mitigating, minimizing, removing or abating of a hazardous material release (spill) or discharge, as well as the total costs of collection, storage and/or disposal of such hazardous material at the time of the release (spill) or discharge. Such reimbursement shall be sought in compliance with applicable Federal law and Ohio law, including but not limited to, Ohio R.C. 3745.13 and such other laws as shall be applicable. In addition, the City may seek compensation separate and apart from compensation sought from the responsible party from the Federal Government, pursuant to the Super Fund Amendments and Reauthorization Act of 1986 and all other Federal, State and local laws allowing for a recovery and such compensation shall in no way mitigate or diminish the City of Marietta's claim against the responsible party or parties. Further, the City may seek reimbursement for payments made by it to an outside company or entity in connection with the collection, storage and/or disposal of hazardous materials preformed by such outside company or entity or alternatively, the outside company or entity may seek reimbursement directly from the party or parties responsible for the hazardous materials.
Nothing herein shall limit the City from pursuing all remedies available by state, federal or local law regarding the handling of hazardous material release and costs related thereto.
(d) In those cases where the hazardous materials release (spill) or discharge results in a requirement that the City file a report with either the United States or Ohio Environmental Protection Agency as to the nature of the hazardous materials release (spill) or discharge and the remedial action taken regarding it the City of Marietta shall be entitled to collect the additional sum of one thousand dollars ($1,000.00) from the responsible party as compensation for its administrative expenses incurred in the mitigation and reporting of the hazardous materials release (spill) or discharge in question.
(Ord. 25(10-11). Passed 4-1-10.)