(A) Any person who discharges to a storm water drainage system or a waterbody, including, but not limited to, any person who causes or creates a discharge that violates any provision of this chapter, produces a deposit or obstruction or otherwise damages or impairs a storm water drainage system, or causes or contributes to a violation of any federal, state or local law governing the township, shall be liable to and shall fully reimburse the township for all expenses, costs, losses or damages (direct or indirect) payable or incurred by the township as a result of any such discharge, deposit, obstruction, damage, impairment, violation, exceedence or non-compliance.
(B) The costs that must be reimbursed to the township shall include, but shall not be limited to, all of the following:
(1) All costs incurred by the township in responding to the violation or discharge, including, expenses for any cleaning, repair or replacement work, and the costs of sampling, monitoring and treatment, as a result of the discharge, violation, exceedence or non-compliance;
(2) All costs to the township of monitoring, surveillance and enforcement in connection with investigating, verifying and prosecuting any discharge, violation, exceedence or non-compliance;
(3) The full amount of any fines, assessments, penalties and claims, including natural resource damages, levied against the township, or any township representative, by any governmental agency or third party as a result of a violation of applicable laws or regulations that is caused by or contributed to by any discharge, violation, exceedence or non-compliance; and
(4) The full value of any township staff time (including any required overtime), consultant and engineering fees, and actual attorney fees and defense costs (including the township legal counsel and any special legal counsel), associated with responding to, investigating, verifying and prosecuting any discharge, violation, exceedence or non-compliance, or otherwise enforcing the requirements of this chapter.
(Prior Code, § 72.004.4) (Ord. 05-05, passed 9-8-2005)