(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or clearly requires a different meaning.
COSTS. Any expense incurred by the village as a result of a hazardous or other materials incident, including, but not limited to, the expense of manpower, and/or replacing, repairing, or purchasing supplies, materials, equipment, and apparatus, and any expense incurred in the evacuation of inhabitants.
HAZARDOUS MATERIAL. Any hazardous, toxic, noxious, or dangerous substance or material, whether solid, liquid, or gas.
HAZARDOUS OR OTHER MATERIALS INCIDENT. An unauthorized spill, release, or discharge of any hazardous material or other material into or upon the environment within the village.
OTHER MATERIAL. Any material other than HAZARDOUS MATERIAL as defined in this section.
TRANSPORTER.
(a) Where a hazardous or other materials incident originates in or upon property, the property owner; or
(b) Where a hazardous or other materials incident occurs on a public street or other public property, the carrier of hazardous or other material, the owner of the hazardous or other material, and/or the individual or entity causing the hazardous or other materials incident.
(B) In the event of a hazardous or other materials incident requiring the response of the Fire Department and/or the Police Department and/or others in the service of the village, the transporter of the hazardous or other materials incident shall be liable to the village for the payment of its costs incurred through or in connection with investigating, controlling, neutralizing, abating, disposing of, or cleaning up a hazardous or other materials incident.
(C) The Village Administrator, or his or her designated representative, shall keep a record of the costs of the village incurred through or in connection with investigating, controlling, neutralizing, abating, disposing of, or cleaning up a hazardous or other materials incident. After completing such measures, the Administrator or his or her designated representative shall be authorized to collect such costs in a civil action. The liability of the transporter to the village shall not be conditioned upon evidence of the willfulness or negligence on the part of the transporter. All monies received or collected under this section shall be credited to the appropriate funds of the village from which monies were expended in connection with the hazardous or other materials incident.
(Prior Code, § 33.09) (Ord. 97-6, passed - -)