Liability shall attach under this chapter to:
(a) (1) Any person or corporation or other entity responsible for causing or allowing an unauthorized spill, release, or discharge of material into or upon the environment and such person, corporation or other entity shall be liable to the Village for disaster services rendered, and all incidental, related and collateral costs.
(2) 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 environment.
(b) If an unauthorized spill, release, or discharge occurs from a motor vehicle or train being operated by, or behalf of, a common carrier by motor vehicle, contract carrier by motor vehicle, private motor carrier, or railroad, a claim or civil cause of action shall be submitted to, or brought against, the appropriate party or parties, and the costs of the emergency action shall be recovered from, the motor carrier or railroad was responsible for causing or allowing the unauthorized spill, release or discharge to occur.
(c) Costs recoverable under this chapter shall accrue commencing within the first notification to the Village of an incident or accident involving, or which may involve, or subsequently proves to involve an unauthorized spill, release or discharge.
(Ord. 1994-10. Passed 2-15-94.)