§ 103.02  ESTABLISHMENT OF LIABILITY FOR HAZARDOUS SUBSTANCE INCIDENT, REMOVAL AND COSTS.
   (A)   The Village Fire Department is authorized to remove and abate the effects of any hazardous substance incident:
      (1)   Upon or into property or facilities located in the corporate limits of the village; and
      (2)   Pursuant to any mutual aid box alarm agreement in effect; and
      (3)   In the waters of Lake Michigan within the harbor known as the North Point Marina, and also within a distance of one mile from the shore of the lake where it borders the corporate limits of the village; and
      (4)   Outside the corporate or response limits where the health, welfare or property of the village or those people within its protection are in danger.
   (B)   The following persons shall be jointly and severally liable to the village for payment of all costs, direct and indirect, forseeable and unforeseeable, incurred by the village as a result of any removal or abatement of a hazardous materials incident and to any member unit of a MABAS agreement rendering aid to the village pursuant to the agreement:
      (1)   The person or persons whose conduct caused such release; and
      (2)   The person or persons who owned or had custody or control of the hazardous substance at the time of such release, without regard to fault or proximate cause; and
      (3)   The person or persons who owned or had custody or control of the container, vehicle or vessel which held such hazardous substance at the time of, or immediately prior to, such release or threatened release, without regard to fault or proximate cause; and
      (4)   Any person owning or in control of any real property from which a hazardous substance is or is threatened to be released.
   (C)   In the event any person undertakes voluntarily or upon order of the Fire Chief to remove or abate the effects of any actual or threatened hazardous substance release, the Fire Chief may take such action as is necessary or desirable to supervise or verify the adequacy and safety of the removal or the abatement. The persons described in divisions (B)(1) through (B)(4) of this section shall be liable to the village for all costs, direct or indirect, incurred as a result of such supervision or verification.
(Ord. 2001-O-16, passed 6-5-01)