(A) Any user or facility who fails to notify County Central Dispatch upon an unauthorized or threatened release may be fined not less than $1,000, nor more than $5,000. Each day’s continuance of such a failure or shall be constitute a separate violation of this chapter.
(B) Interest shall accrue at the highest legal rate allowed in addition to a penalty of 2% per month, compound monthly or any fraction thereof, until such time as all claims are paid.
(C) Except by pursuance of legal action, no person shall interfere or attempt to interfere with any person authorized by this chapter to perform any measure considered necessary and sufficient to prevent, mitigate or remove hazardous substances, pollutants, contaminants or reportable quantities of petroleum products if such action is intended to protect the general public, property or environment in the county. Such reasonable measures include, but are not limited to, site inspection, inquiry of materials stored, initiation of emergency response, supervision of environmental emergency or any other activity deemed necessary and sufficient by the authorized person in performance with his, her or their official duties. Any person who violates this division (C) shall be fined not less than $1,000, nor more than $500.
(D) The County Attorney, upon receipt of an affidavit from the Judge Executive that a violation of this chapter has occurred, shall initiate proceedings in the name of the county’s Fiscal Court in any court having jurisdiction over such matters. Such action may include liens against real property and intangible assets which shall have precedence over all other subsequent liens, except state, county, school board or city taxes. The County Attorney is authorized after receipt of affidavit by both the Judge Executive and IDES Director to forthwith commence injunction proceedings that prevent resuming any operations involving a hazardous substance, pollutant, contaminant or reportable quantities of a petroleum product by the user who violates any provision of this chapter. The Judge Executive shall cause all members of Fiscal Court to be notified of such violation and schedule a review by the IDES Director with Fiscal Court and the County Attorney at the most appropriate time to consider any pending legal action to recover any costs, penalties or other damages entitled under this chapter.
(Ord. 95-330.1, passed 3-13-1995)