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   1507.04 HANDLING OF HAZARDOUS MATERIAL INCIDENT.
   (a)   Pursuant to Ohio R.C. 3737.80, in any emergency situation relating to the prevention of an imminent release of a hazardous material, the clean up or disposal of a hazardous material that has been released or to the related mitigation of the effects of a release of a hazardous material, the Chief of the Fire Department, or his designee, in whose jurisdiction the emergency situation is occurring is responsible for the primary coordination of the on-scene activities of all agencies of the State, the United States government and political subdivisions that are responding to the emergency situation until the Chief relinquishes that responsibility to a representative of one of the responding public agencies and so notifies that representative.
   (b)   At the sole discretion of the City of Streetsboro, City Departments, including but not limited to, the Fire Department, Service Department and/or Police Department may undertake to investigate, mitigate, minimize, remove or abate any hazardous material release (spill) or discharge occurring in the City of Streetsboro. Such action shall, if practicable, be taken in concert with the Federal and State Environmental Protection Agencies, the Local Emergency Planning District, the Regional Sewer District and other such Federal, State and Local authorities as shall have interest and shall be in conformity with 40 CFR Sec. 300-399, the Superfund Amendments and Reauthorization Act of 1986, Ohio R.C. 3745.13 and 3750.06 and all other applicable Federal, State and Local laws, acts, rules, regulations and ordinances then in effect. Such action by the City of Streetsboro may include the collection, storage and disposal of hazardous material, subsequent to the release (spill) or discharge. In addition, the City may contract with an outside company or entity, who shall be certified by the Ohio Environmental Protection Agency, to collect, store and/or dispose of hazardous materials subsequent to a release (spill) or discharge.
(Ord. 2007 -166. Passed 12-28-07.)
   1507.05 LIABILITY FOR COSTS, STRICT LIABILITY, RECOVERY OF EXPENSES, REIMBURSEMENT TO THE CITY OF STREETSBORO FOR HANDLING OF HAZARDOUS MATERIAL RELEASE (SPILL).
   (a)   The following described persons shall be jointly and severally liable to the City for the payment of all costs incurred by the City as a result of such cleanup or abatement activity:
      (1)   An entity, person or persons or agents or employees thereof whose negligent or willful act of omission proximately caused such release, discharge or deposit;
      (2)   Any entity, person or persons or agents or employees thereof who owned or had custody or control of the hazardous substance or the material at the time of such release, discharge, or deposit, without regard to fault or proximate cause; and
      (3)   The entity, person or persons or agents or employees thereof who owned or had custody or control of the container and/or motor vehicle which held such hazardous material or substance at the time of or immediately prior to such release, discharge or deposit, without regard to fault or proximate cause.
   (b)   Any and all persons causing or contributing to the causing of a release or threatened release which results in an emergency action shall be liable to the City for the recoverable expenses relating from the emergency action. This shall be in addition to any and all penalties provided by law.
   (c)   The City may seek reimbursement for the total cost of investigating, mitigating, minimizing, removing or abating of a hazardous material release (spill) or discharge, as well as the total costs of collection, storage and/or disposal of such hazardous material at the time of the release (spill) or discharge. Such reimbursement shall be sought in compliance with applicable Federal law and Ohio law, including but not limited to, Ohio R.C. 3745.13 and such other laws as shall be applicable. In addition, the City may seek compensation separate and apart from compensation sought from the responsible party from the Federal Government, pursuant to the Super Fund Amendments and Reauthorization Act of 1986 and all other Federal, State and local laws allowing for a recovery and such compensation shall in no way mitigate or diminish the City of Streetsboro's claim against the responsible party or parties. Further, the City may seek reimbursement for payments made by it to an outside company or entity in connection with the collection, storage and/or disposal of hazardous materials preformed by such outside company or entity or alternatively, the outside company or entity may seek reimbursement directly from the party or parties responsible for the hazardous materials. Nothing herein shall limit the City from pursuing all remedies available by state, federal or local law regarding the handling of hazardous material release and costs related thereto.
(Ord. 2007 -166. Passed 12-28-07.)