A. Liability: Any person who is liable for the release or threatened release of a hazardous material who fails without sufficient cause to pay for or provide removal or remedial action upon or in accordance with a notice and request of the county, or in accordance with any order of any court having jurisdiction on the matter, shall be liable to the county for any costs incurred by the county as a result of such failure to provide or take such removal or remedial action, together with the costs of any removal or remedial action taken by the county in accordance with this division and all attorney fees and related legal costs incurred in connection therewith.
B. Violation: In addition, any such person shall be guilty of a violation of this division and shall be fined not less than one hundred dollars ($100.00) nor more than five thousand dollars ($5,000.00) for each offense. A separate offense shall be deemed committed for each day on which a violation occurs or continues. Where such violation is found to be the result of wilful and/or wanton conduct or gross negligence or the person committing such violation attempts to evade responsibility hereunder by leaving the scene of the occurrence or by other means, that person shall be subject to a fine as provided for above or a fine in an amount equal to three (3) times the costs, including attorney fees and legal costs, for which it is liable under paragraph A of this section, whichever is greater.
C. Charges: Charges for removal or remedial action when rendered by the county or any agency in accordance with any mutual aid agreement shall be as follows:
1. The costs of the vehicles as determined by the responding agency but in no case less than twenty five dollars ($25.00) per hour, per vehicle, and
2. The cost of all personnel, including any overtime cost to the county or to any responding agency, incurred as a result of the removal or remedial action, but in no case less than ten dollars ($10.00) per hour, and
3. The cost or replacement of all materials and equipment used, expended, depleted, destroyed or removed from service in accordance with federal, state, or local ordinance as a result of the mitigation or containment operations if or at the request of the county or any responding agency, and
4. The costs of service and/or goods provided by a private or public entity which are used, expended, depleted or destroyed as a result of the response.
D. Payment: The person or persons, firm, corporation or other entity responsible for and liable for the costs of such hazardous materials incident shall submit payment for the invoice to the Ogle County emergency management agency within thirty (30) days of receipt of the invoice. Failure of the responsible party to pay the invoice in full within thirty (30) days shall cause the county to seek enforcement of the debt through collection, or civil lawsuit, or property lien, or any combination of the foregoing. The responsible party shall assume all costs for the enforcement of the debt, including court costs and attorney fees in addition to the original charges and any interest that may have occurred. (Ord., 3-20-2007)