(a) Any person or corporation 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 corporation 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. The officers of the Municipality shall keep a detailed record of its costs for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release, or discharge, promptly after the completion of such measures, shall certify those costs to the Law Director, as appropriate, and shall request that such counsel bring a civil action for recovery of costs against the person responsible for the unauthorized spill, release, or discharge, except as provided in subsection (b) hereof. Not less than thirty days before bringing the civil action, the Law Director shall submit a written itemized claim for the total certified costs incurred by the Municipality, except as provided in subsection (b) hereof, and a written notice that, unless the amount is paid to the Municipality within thirty days after the date of mailing of the claim and notice, the Law Director will bring a civil action for that amount. Moneys recovered under this section shall be credited to the appropriate funds of the Municipality from which moneys were expended in performing the emergency action.
(b) (1) 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 under subsection (a) hereof 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 regardless of whether the motor carrier or railroad was responsible for causing or allowing the unauthorized spill, release, or discharge to occur.
(2) This section shall not be construed to impute negligence to a common or contract carrier by motor vehicle, a private motor carrier, or railroad against whom this section authorizes recovery of costs. A common or contract carrier by motor vehicle, private motor carrier, or railroad that pays to the Municipality under subsection (a) hereof the costs incurred by the Municipality for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release, or discharge may bring a civil action against the party that it alleges actually caused or allowed the unauthorized spill, release, or discharge to occur to recover the amount of money so paid to the Municipality.
(c) As used in this section:
(1) “Common carrier by motor vehicle” has the same meaning as in Ohio R.C. 4519.75(E), or Ohio R.C. 4921.02(A), as appropriate.
(2) “Contract carrier by motor vehicle” has the same meaning as in Ohio R.C. 4919.75(F), or Ohio R.C. 4923.02A. as appropriate.
(3) “Motor vehicle” means any automobile, automobile truck, tractor, trailer, semi-trailer, motor bus, or any other self-propelled vehicle not operated or driven on fixed tracks.
(4) “Private motor carrier” has the same meaning as in Ohio R.C. 4923.02
(5) “Railroad” has the same meaning as in Ohio R.C. 4907.02.
(Ord. 24-87. Passed 8-4-87.)