749.03 LIABILITY.

   (a)    Any person or entity responsible for causing or allowing an unauthorized spill, release or discharge of material into or upon the environment is liable to the Municipality for disaster services rendered. The costs shall be paid by the person or entity responsible for causing or allowing the unauthorized spill, release or discharge of materials into or upon the environment that requires emergency action to protect the public health or safety or the environment.

   (b)    If an unauthorized spill, release or discharge occurs from a motor vehicle or train being operated by, or on behalf of, a common carrier by motor vehicle, contract carrier by motor vehicle, private motor carrier, or railroad, a claim or civil action shall be submitted to or brought against, as appropriate, and the costs of the emergency action shall be recovered from, the motor carrier or railroad that was responsible for causing or allowing the unauthorized spill, release or discharge to occur.

(Ord. 89-33. Passed 10-16-89.)