The purpose of this chapter is to provide for compensation to the City for costs incurred in investigating, mitigating, minimizing, removing or abating unauthorized spills, releases or discharges of materials into or upon the environment within the territorial jurisdiction or responsibility of the City, and which spills, releases or discharges require emergency action to protect the public health or safety or the environment.
(Ord. 62-1989. Passed 11-13-89.)
As used in this chapter:
(a) "Common carrier by motor vehicle" has the same meaning as in Division (E) of Ohio R.C. 4919.75 or Division (A) of Ohio R.C. 4912.02, as appropriate.
(b) "Contract carrier by motor vehicle" has the same meaning as in Division (F) of Ohio. R.C. 4919.75 or Division (A) of Ohio R.C. 4923.02, as appropriate.
(c) "Costs" shall include, but not be limited to, all direct and incidental costs, including personnel costs, incurred by or on behalf of the City in connection with the investigation, mitigation, minimization, removal or abatement of an unauthorized spill, release or discharge, in the following respects:
(1) Operating any vehicle, apparatus or equipment used in connection with any such incident;
(2) Sanitizing, cleaning, and/or repairing any vehicle, apparatus, equipment or apparel used in connection with any such incident;
(3) Testing any spilled, released or discharged material, or any vehicle, apparatus, equipment or apparel used in connection with any such incident;
(4) Storing any spilled, released or discharged material;
(5) Disposing of any spilled, released or discharged material, or any vehicle, apparatus, equipment, apparel or goods rendered unusable as a result of any such incident;
(6) Replacing any vehicle, apparatus, equipment, apparel or goods lost or rendered unusable as a result of any such incident; and
(7) Any costs incurred by any private party or governmental body, or subdivision thereof, whose assistance is requested by the City in the event of an unauthorized spill, release or discharge, and who submits a written invoice to the City setting forth its costs incurred in responding to the incident.
(d) "Material" has the same meaning as in Ohio R.C. 3745.13, and any regulations promulgated or matters decided thereunder, as appropriate.
(e) "Motor vehicle" means any automobile, truck, tractor, trailer, semi-trailer, motorbus or any other self-propelled vehicle not operated or driven on fixed tracks.
(f) "Private motor carrier" has the same meaning as in Ohio R.C. 4923.02.
(g) "Railroad" has the same meaning as in Ohio R.C. 4907.02.
(h) "Unauthorized spill, release or discharge" has the same meaning as in Ohio R.C. Chapter 3745, any regulations promulgated or matters decided thereunder, and shall include, but not be limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, releasing, injecting, escaping, leaching, dumping or disposing of any material, into or upon the environment, which may endanger the public health or safety or the environment. The term does not include any spill, release or discharge that is in compliance with Ohio R.C. Chapter 1509, 3704, 3734 or 6111 and rules adopted thereunder, or the terms and conditions of a current and valid permit or license.
(Ord. 62-1989. Passed 11-13-89.)
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