For the purpose of this article, the words, phrases and terms as used herein are defined as set out below:

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

(b)   Hazardous material - means waste or combination of wastes or substances which because of its quantity, concentration or physical, chemical, biological or infectious characteristics or as otherwise determined by the Kansas Secretary of Health & Environment to cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.

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

(d)   Recoverable expenses. - Recoverable expenses shall include those expenses of the City of Osawatomie that are reasonable, necessary and allocable to an emergency action. Recoverable expenses shall not include normal budgeted expenditures that are incurred in the course of providing what are traditionally city services and responsibilities, such as 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 city 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 specialists not otherwise provided for by the city).

(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 clean up, 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 expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this chapter.

(e)   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.

(f)   Threatened release. - Threatened release shall mean any imminent or impending event potentially causing but not resulting in a release, but causing the city to undertake an emergency action.

(Ord. 3618, Sec. 1; Code 2008)

The Fire Chief is authorized to clean up or abate the effects of any emergency action relating to hazardous material unlawfully released, threatened to be released, discharged or deposited upon or into any property or facilities within the city.

(Ord. 3618, Sec. 2; Code 2008)

The following described persons shall be jointly and severally liable to the city for the payment of all costs incurred by the city as a result of such clean up or abatement activity:

(a)   The person or persons whose negligent or willful act or omission proximately caused such release, discharge or deposit;

(b)   The person or persons who owned or had custody or control of the hazardous materials at the time of such release, discharge or deposit, without regard to fault or proximate cause; and

(c)   The person or persons who owned or had custody or control of the container which held such hazardous materials at the time or immediately prior to such release, discharge or deposit, without regard to fault or deposit, without regard to fault or proximate cause.

(Ord. 3618, Sec. 3; Code 2008)

(a)   Itemization of Recoverable Expenses. City personnel and departments involved in an emergency action shall keep an itemized record of recoverable expenses resulting from an emergency action. Promptly after completion of an emergency action, the appropriate city department shall certify those expenses to the city manager.

(b)   Submission of Claim. The city shall submit a written itemized claim for the total expenses incurred by the city for the emergency action to the responsible person and a written notice that unless the amounts are paid in full to the city within thirty (30) days after the date of the mailing of the claim and notice, the city will file a civil action seeking recovery for the stated amount.

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

(d)   Civil Suit. The city may bring a civil action for recovery of the recoverable expenses against any and all persons causing or responsible for the emergency action.

(Ord. 3618, Sec. 4; Code 2008)

In the event that any person undertakes, either voluntarily or upon order of the Fire Chief or other city official, to clean up or abate the effects of any hazardous materials unlawfully released, discharged or deposited upon or into any property or facilities within the city, the Fire Chief or other city official may take such action as is necessary to supervise or verify the adequacy of the clean up or abatement. The persons described in 8-803 of this article shall be liable to the city for all costs incurred as a result of such supervision or verification.

(Ord. 3618, Sec. 5; Code 2008)

The remedies provided by this article shall be in addition to any other remedies provided by law.

(Ord. 3618, Sec. 6; Code 2008)

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. 3618, Sec. 7; Code 2008)