(A) As used in this section, the following terms shall be defined as follows:
COSTS. Those necessary and reasonable costs incurred by the city in connection with investigating, mitigating, minimizing, removing or abating discharges of hazardous substances including, but not limited to the following: actual labor cost of city personnel or its authorized agents; costs of equipment operation and rental; and cost of expendable items including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, acid suits, acid gloves, goggles and protective clothing.
DISCHARGE. Any intentional or unintentional action or omission resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance upon public or private property located within the city limits of the City of Spring Hill.
HAZARDOUS SUBSTANCES. Any substances or materials in a quantity or form, which in the determination of the Fire Chief or his authorized designee poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the City of Spring Hill, and shall include, but not be limited to, those hazardous substances listed in the "N.F.P.A. Guide on Hazardous Materials", or the E.P.A.'s list of extremely hazardous substances.
(4) Person means one or more individuals, partnerships, corporations, joint ventures, associations or any other entities or any combination thereof.
(B) (1) The Fire Department is hereby authorized to take such steps as necessary to clean up, remove or abate the effects of any hazardous substances discharged upon or into public or private property or facilities located within the limits of the city.
(2) Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances that requires emergency action of the Fire Department of the City of Spring Hill or its authorized agents in order to protect the public health, safety or welfare shall be jointly and severally liable to the City of Spring Hill for the costs incurred by the city in investigating, mitigating, minimizing removing and abating any such discharge.
(3) When responding to the emergency caused by the unauthorized discharge of hazardous substances, the Fire Department of the City of Spring Hill shall keep a detailed record of the costs attributable thereto.
(4) The authority to recover costs under this section shall not include costs incurred for actual fire suppression services which are normally or usually provided by the City of Spring Hill Fire Department or its authorized agents.
(C) (1) Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances shall reimburse the City of Spring Hill for the full amount of all costs, as defined herein, associated with the investigating, mitigating, minimizing, removing and abating any such discharge within a period of 30 days after receipt of an itemized bill for such costs from the City of Spring Hill.
(2) Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances and who fails to promptly reimburse the City of Spring Hill within the time set forth in subsection (C)(1) hereof, shall be subject to a penalty payment as specified in appendix A, comprehensive fees and penalties, for each month that the bill for such costs remains unpaid.
(3) The remedy provided for in this section shall be supplemental to and in addition to all other available remedies at law and equity.
(Ord. 23-02, passed 3-6-2023; Ord. 23-18, passed 11-20-2023)