(a) As defined in this chapter:
(1) "Common carrier by motor vehicle" has the same meaning as 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 Ohio R.C. 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 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.
(b) Any person or corporation responsible for causing or allowing any spill, release, or discharge of solid, liquid or gaseous material into or upon the environment is liable to the City for clean-up services rendered unless such services are first performed by such person or corporation. The costs for such services rendered by the City 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 where clean-up action is required to protect the public health or safety or the environment. The Fire Chief, or his designated representative, shall keep a detailed record of costs for such services rendered by the City investigating, containing, mitigating, minimizing, removing or abating the unauthorized spill, release, or discharge. Promptly after the completion of any services rendered by the City, 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 (c) 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 (c) 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 clean-up action.
(c) 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 (b) hereof shall be submitted to or brought against, as appropriate, and the costs of the clean-up action shall be recovered from, such carrier or railroad regardless of whether such carrier or railroad was responsible for causing or allowing the unauthorized spill, release, or discharge to occur.
(d) This section shall not be construed to impute negligence to a common or contract carrier by motor vehicle, a private motor carrier, or railroad from 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 (b) hereof the costs incurred by the City for investigating, containing, 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.
(Ord. 2022-77. Passed 11-10-22.)