(A) Notwithstanding any other provision or rule of law, the following responsible party shall be jointly and severally liable for all costs associated with an emergency incident, including removal and remedial action incurred by the village as a result of a release or threatened release of a hazardous material:
(1) The owner and operator of a facility or vessel, including any vehicle or vessel utilizing air, water, or rail for transportation, from which there is an emergency incident or a release or substantial threat of release of a hazardous material;
(2) Any person who, at the time of an emergency incident or the disposal, transport, storage, or treatment of a hazardous material, owned or operated the facility or vessel used for such disposal, transport, treatment, or storage from which there was a release or substantial threat of a release of any such hazardous material;
(3) Any person who by contract, agreement, or otherwise has arranged with another party or entity for transport, storage, disposal, or treatment of hazardous materials owned, controlled, or possessed by such person at a facility owned or operated by another party or entity from which facility there is a release or substantial threat of a release of such hazardous materials;
(4) Any person who accepts or accepted any hazardous materials for transport to disposal, storage, or treatment facilities or sites from which there is a release or a substantial threat of release of such hazardous substances; and
(5) Any person who by an intentional or non-intentional negligent act causes an emergency incident or the release or substantial threat of release of such hazardous materials.
(B) The village shall prepare and forward to the responsible party or parties in an emergency incident or the hazardous material incident a bill for the total costs and expenses incurred for which said responsible party or parties are responsible pursuant to this chapter; provided, however, any costs in connection with any independent cleanup contractor shall be billed directly by such contractor. Payment of the total bill shall be made within 60 days of receipt. Any bill or portion of a bill remaining unpaid after 60 days of receipt shall accrue interest on the unpaid balance of 1.5% per month, or the maximum legal rate, whichever is lower.
(Ord. 2019-O-019, passed 5-21-19; Am. Ord. 2022-O-097, passed 12-6-22)