(A) Notwithstanding any other provision or rule of law, the following persons shall be jointly and severally liable for all costs of removal and remedial actions taken by local public safety and emergency agencies as a result of a release or threatened release of hazardous materials into the environment:
(1) The owner and operator of a facility or vessel from which there is a release or substantial threat of release of hazardous materials;
(2) Any person who, at the time of disposal, transport, storage or treatment of hazardous materials, owned or operated the facility or vessel used for the disposal, transport, treatment or storage from which there was a release or substantial threat of a release of hazardous materials;
(3) Any person who by contract, agreement or otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous materials owned, controlled or possessed by another party or entity from which facility there is a release or substantial threat of a release of hazardous materials; and
(4) Any person who accepts or accepted any hazardous materials for transport to disposal, storage or treatment facilities from which there is a release or substantial threat of a release of hazardous materials.
(B) Costs shall include, but not be limited to, materials used to contain or control the material; equipment damaged or contaminated, apparatus and personnel used, and any private contractor(s) used for appropriate and required removal.
(C) Costs for materials and equipment shall be full replacement cost. Reimbursement for paid personnel shall be the actual or overtime rates for the time of the event. Reimbursement for other emergency response apparatus and personnel shall be according to a countywide schedule, developed as part of the administrative regulations for implementing und enforcing this chapter as approved by Fiscal Court on annual review. All agencies involved shall submit a detailed list of materials, equipment, apparatus and personnel to OCEMA. OCEMA shall then consolidate the claims into a single itemized invoice to the responsible party as defined in division (A) above. Payments shall be made to OCEMA and then disbursed to the individual agencies.
(Ord. 02-340-72, passed 11-18-2002)