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(a) Any person responsible for causing or allowing an unauthorized spill, release or discharge of material into or upon the environment is liable to the City for disaster services rendered and all incidental and related costs. The costs shall be paid by the person or entity responsible for causing or allowing the unauthorized spill, release or discharge that requires emergency action to protect the public health or safety or the environment.
(b) 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 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.
(c) Costs recoverable under this chapter shall accrue commencing with the first notification to the City of an incident which involves, may involve or subsequently proves to involve an unauthorized spill, release or discharge.
(Ord. 333-89. Passed 11-8-89.)
(a) The Fire Chief or his or her designated officers may request the assistance of any other governmental body, agency or division thereof in the event of an unauthorized spill, release or discharge at a location within the territorial jurisdiction or responsibility of the City.
(b) The Fire Chief or his or her designated officers may request the assistance of any expert, consultant or contractor in the event of an unauthorized spill, release or discharge at a location within the territorial jurisdiction or responsibility of the City.
(Ord. 333-89. Passed 11-8-89.)
(a) The Fire Chief or his or her designated representative shall keep a record of the City's costs for investigating, mitigating, minimizing, removing or abating an unauthorized spill, release or discharge, including any incidental costs. A schedule of charges used to determine such costs shall be kept on file in the Fire Division and shall be made available for inspection by the public during normal working hours. The schedule shall be revised, as necessary, to reflect increases and decreases in the value of the items listed.
(b) Not less than thirty days before bringing civil action for the recovery of costs pursuant to this section and Ohio R.C. 3745.13, the Law Director shall submit, to the responsible party, a written itemized claim for the total certified costs incurred by the City and a written notice stating that unless the amount is paid to the City within thirty days after the date of the mailing of the claim and notice, the Law Director shall bring a civil action for that amount.
(Ord. 333-89. Passed 11-8-89.)
Costs incurred by the City of Parma in investigating, mitigating, minimizing, removing or abating unauthorized spills, releases or discharge of materials into or upon the environment within the territorial jurisdiction or responsibility of the City of Parma shall be calculated based upon the following charges:
(a) Aerial Apparatus (Snorkel - Aerial ladder).
$400.00 for the first hour or any portion.
6.60 for each additional minute.
(b) Pumpers.
$300.00 for the first hour or any portion.
5.00 for each additional minute.
(c) Ambulance (Rescue Squad).
$200.00 for the first hour or any portion.
3.30 for each additional minute.
(d) Emergency Truck No. 40.
$200.00 for the first hour or any portion.
3.30 for each additional minute.
(e) Supplemental Command and Staff Automobiles.
$ 24.00 for the first hour or any portion.
.40 for each additional minute.
(f) Emergency Personnel.
One and one-half times the actual hourly rate
with a one hour minimum, and thereafter charged per minute.
(g) Equipment, Supplies and Protective Apparel.
Replacement: actual cost of replacement.
Decontamination: actual cost of cleaning and/or repairing.
(h) Private Contractor, Consultant, Expert or other Governmental Body.
Actual fees or charges by the assisting party.
(i) Other Direct and Incidental Costs.
Actual cost, or replacement cost as appropriate.
Examples:
Telephone and other communication costs.
Medical expenses.
Costs of disposal of materials.
Note: All vehicle charges shall commence upon departure from quarters and cease upon return. Chargeable personnel costs shall include all time spent in connection with the incident, including but not limited to: time spent in transit, on scene and elsewhere, while investigating, testing, abating and reporting, decontaminating, cleaning, repairing and/or replacing materials or property.
(Ord. 125-91. Passed 5-20-91.)