(a) Any person or corporation responsible for causing or allowing an unauthroized 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 a recovery of costs against the person responsible for the unauthorized spill, release or discharge 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 shall 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 cost 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.
(6) "Hazardous material, hazardous waste or toxic substance" means any solid, liquid or gaseous material that could cause injury or death or damage or pollute land, air or water. Any hazardous materials that are listed by the EPA or any one of the four lists of hazardous wastes contained in the Resource Conservation and Recovery Act regulation shall be used as an additional guideline.
(Ord. 89-8667. Passed 6-21-89.)