1509.08  RECOVERY COSTS FOR EMERGENCY ACTIONS.
   (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 City 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 materials 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 Law Director, as appropriate, and shall request that such counsel 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 bringing the civil action, such counsel shall submit a written itemized claim for the total certified costs incurred by the City, except as provided in subsection (b) hereof and a written notice that, unless the amount is paid to the City within thirty days after the date of mailing of the claim and notice, the counsel will bring a civil action for that amount.  Moneys recovered under this section shall be credited to the appropriate funds of the City 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 or railroad regardless of whether the motor carrier or railroad was 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 City under subsection (a) hereof the costs incurred by the City 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 City.
   (d)   As used in this section:
      (1)   "Common carrier by motor vehicle" has the same meaning as in Ohio R.C. 4919.75(E) or 4921.02(A), as appropriate.
      (2)   "Contract carrier by motor vehicle" has the same meaning as in Ohio R.C. 4919.75(F) or 4923.02(A), as appropriate.
      (3)   "Motor vehicle" means any automobile, truck, tractor, trailer, semitrailer, motor bus or any other self-propelled vehicle not operated or driven on fixed tracks.
      (4)   "Private motor carrier" has the same meaning as in Ohio R.C. 4923.02.
      (5)   "Railroad" has the same meaning as in Ohio R.C. 4907.02.
         (Ord. 1988-85.  Passed 3-10-88.)