(a) (1) Any person or corporation responsible for causing, allowing or contributing to an unauthorized spill, release or discharge of hazardous materials or flammable liquids into or upon the environment is liable to the Village for emergency services rendered. The costs shall be paid by the person or corporation responsible for causing, allowing, or contributing to the unauthorized spill, release or discharge of materials or flammable liquids into or upon the environment that requires emergency action to protect the public health or safety of the environment.
(2) The Fire and Police Chiefs, or their designees, shall keep a detailed record of their costs for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release or discharge. Promptly after the completion of such measures, the Fire and Police Chiefs, or their designees, shall certify those costs to the Law Director. Not less than thirty days before bringing the civil action. The Law Director shall submit a written, itemized claim of 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 to the Village of St. Bernard within thirty days after the date of mailing of the claim and notice, the Law Director, at the discretion of Council, will bring a civil action for that amount.
(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 or railroad responsible for causing or allowing the unauthorized spill, release or discharge to occur.
(c) This section shall not be construed to impute negligence to a common or contract carrier by motor vehicle, a private motor carrier, or railroad against whom this section authorizes recovery of costs. A common or contract carrier by motor vehicle, private motor carrier or railroad that pays to the Village, under subsection (a) hereof, the costs incurred by the Village for investigating, mitigating, minimizing, removing or abating the unauthorized spill, release or discharge may bring a civil action against the party that it alleges actually caused or allowed the unauthorized spill, release or discharge to occur to recover the amount of money so paid to the Village.
(d) As used int his section:
(1) “Common carrier by motor vehicle” has the same meaning as in Ohio R.C. Section 4919.75(E) or Section 4921.02(A), as appropriate.
(2) “Contract carrier by motor vehicle” has the same meaning as in Ohio R.C. Section 4919.75(F) or Section 4923.02(A), as appropriate.
(3) “Motor vehicle” means any automobile, truck, tractor, trailer, semi-trailer, motor bus, or any other self propelled vehicle not operated on fixed tracks.
(4) “Private motor carrier” has the same meaning as in Ohio R.C. 4923.02.
(Ord. 11-1991. Passed 3-7-91.)