(a) Any person or corporation responsible for causing or allowing an unauthorized spill, release or discharge of material into or upon the environment is liable to the Village for disaster services rendered. The costs shall be paid by the person or corporation responsible for causing or allowing the unauthorized spill, release or discharge of material into or upon the environment that requires emergency action to protect the public health or safety or the environment. The Fire Chief, or his designated representative, shall keep a detailed record of its costs for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release or discharge. Promptly after the completion of such measures, the Fire Chief, or his designated representative, shall certify those costs to the Solicitor, as appropriate, and shall request that such counsel seek recovery from any insurance proceeds available therefore, or bring a civil action for recovery of costs against the person responsible for the unauthorized spill, release or discharge, except as provided in subsection (b) hereof. Not less than thirty days before beginning the civil action, such counsel shall submit a written itemized claim for the total certified costs incurred by the Village, except as provided in subsection (b) hereof and a written notice that, unless the amount is paid by the responsible party or his insurer to the Village within thirty days after the date of mailing of the claim and notice, the counsel will bring a civil action for the amount. Moneys recovered under this section shall be credited to the appropriate funds of the Village from which moneys were expended in performing the emergency action.
(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 under subsection (a) hereof shall be submitted to or brought against, as appropriate, and the costs of the emergency action shall be recovered from, the motor carrier, the railroad, or their insurers regardless of whether the motor carrier or railroad was responsible for causing or allowing the unauthorized spill, release or discharge to occur.
(Ord. 96-1994. Passed 12-5-94.)
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