(A) Any user whose willful or negligent act causes an unauthorized or threatened release shall be jointly and severally liable for all public funds, cost by private emergency response entity dispatched by IDES, or public “in-kind” moneys expended during any phase of an environmental emergency upon request by the county’s Fiscal Court.
(B) Any user or other person violating any provisions of this chapter may be further liable and subject to other civil and fiduciary action warranted by the county’s Fiscal Court, as given in § 95.99 of this chapter for any claim related to an environmental emergency not herein otherwise specified.
(C) No liability, penalty or claim enjoined by the county’s Fiscal Court shall subordinate any other liability, penalty or claim by any other political subdivision or private entity as provided by applicable law.
(D) Appeals by the parties liable under the provisions of this chapter shall be to the County Circuit Court unless jurisdiction is waived to Franklin Circuit Court by the Cabinet for Natural Resources and Environment Protection.
(Ord. 95-330.1, passed 3-13-1995)