CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 7. EMERGENCY ACTION; HAZARDOUS MATERIALS

(a)   Emergency Action. Emergency action shall mean all exigent activities conducted in order to prevent or mitigate harm to the public health and safety or the environment from a release or threatened release of any material into or upon land, water or air.

(b)   Government Entity. Governmental entity shall include the city, and any hazardous materials response team established by the board of commissioners of Butler County or their designees, and any entity responding under a mutual aid agreement with the city.

(c)   Hazardous Material. Hazardous material shall include those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 27 of the International Fire Code, 2002 Edition, as follows:

Physical Hazards.

(1)   Explosives and blasting agents.

(2)   Flammable and combustible liquids.

(3)   Flammable solids and gases.

(4)   Organic peroxide materials.

(5)   Oxidizer materials.

(6)   Pyrophoric materials.

(7)   Unstable (reactive) materials.

(8)   Water-reactive solids and liquids.

(9)   Cryogenic fluids.

Health Hazards.

(1)   Highly toxic and toxic materials.

(2)   Corrosive materials.

(d)   Persons. Person shall include any individual, corporation, association, partnership, firm, trustee, legal representative, or any combination thereof.

(e)   Recoverable Expenses. Recoverable expenses shall include the full costs of the responding governmental entity that are reasonable, necessary and allocable to an emergency action. Recoverable expenses shall not include expenditures that are incurred in the course of providing routine firefighting protection. Expenses allowable for recovery may include, but are not limited to:

(1)   Disposable materials and supplies consumed and expended specifically for the purpose of the emergency action.

(2)   Compensation of employees for the time and efforts devoted specifically to the emergency action.

(3)   Rental or leasing of equipment used specifically for the emergency action (e.g., protective equipment or clothing, scientific and technical equipment).

(4)   Replacement costs for equipment owned by the governmental entity that is contaminated beyond reuse or repair, if the equipment was a total loss and the loss occurred during the emergency action (e.g., self-contained breathing apparatus irretrievably contaminated during the response).

(5)   Decontamination of equipment contaminated during the response.

(6)   Special technical services specifically required for the response (e.g., costs associated with the time and efforts of technical experts or specialist not otherwise provided for by the governmental entities).

(7)   Other special services specifically required for the emergency action.

(8)   Laboratory costs of analyzing samples taken during the emergency action.

(9)   Any costs of cleanup, storage, or disposal of the released material.

(10) Costs associated with the services, supplies and equipment procured for a specific evacuation of persons or property.

(11) Medical expenses incurred as a result of response activities.

(12) Legal expense and administrative costs that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this article.

(f)    Release. Release shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or upon land, water or air, of any material which the city determines may be harmful to the public health and welfare or the environment.

(g)   Threatened Release. Threatened release shall mean any imminent or impending event potentially causing but not resulting in a release, but causing the governmental entities to undertake an emergency action.

(Ord. 456; Code 2003)

Any person causing or responsible for a release or threatened release resulting in an emergency action shall be strictly liable to the governmental entity for the recoverable expenses resulting from the emergency action. There shall be a rebuttable presumption that any person owning or controlling property causing a release or threatened release is responsible for such release or threatened release.

(Ord. 299, Sec. 2)

(a)   Itemization of Recoverable Expenses. The staff of the governmental entity involved in the emergency action shall keep an itemized record of its recoverable expenses resulting from the emergency action. Promptly after completion of the emergency action, staff shall certify those expenses to the city clerk.

(b)   Submission of Claims. The city clerk shall submit a written, itemized claim for the total certified expenses incurred by the governmental entity for the emergency action to the responsible party and a written notice that, unless the amounts are paid in full to the governmental entity within 30 days after date of the mailing of the claim and notice, legal counsel will file a civil action for the stated amount.

(c)   Lien on Property. The governmental entity involved in an emergency action may cause a lien in the amount of the recoverable expenses to be placed on any real property located within the boundaries of the governmental entity owned by the person causing or responsible for the emergency action.

(d)   Civil Suit. The governmental entity involved in an emergency action may bring a civil action for recovery of the recoverable expenses against any and all person causing or responsible for the emergency action.

(e)   Distribution of Moneys Recovered. Moneys recovered under this article shall be credited to the appropriate funds of the governmental entity from which moneys were expended in performing the emergency action.

(Ord. 299, Sec. 3)

Nothing in this article shall be construed to conflict with state or federal laws requiring persons causing or responsible for releases or threatened releases from engaging in remediation activities and/or paying the costs thereof.

(Ord. 299, Sec. 4)

In the event a release occurs, the person causing or responsible for such release shall immediately notify the governmental entity and request emergency action. Failure of any person to report any release shall be an ordinance violation and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment of not more than one year or by both such fine and imprisonment.

(Ord. 299, Sec. 5)