Chapter 50 — Hazardous Materials — General Provisions.
5006 Cost Recovery for Hazardous Substances Releases
5006.1 The Fire Department, through the Chief or his/her designee,
is authorized on behalf of the City to assess and seek reimbursement
for all costs incurred by the Fire Department and the City in response
to a hazardous substance release for which it provides services, within
the scope of Section 260.546, RSMo.
5006.2 The Chief, or his/her designee, shall follow the procedures
set out in Section 260.546, RSMo., in seeking such reimbursement,
and shall provide the statement of costs and other documentation as
required by said Statute. The City Attorney shall assist and represent
the City and the Chief, or his/her designee, in all proceedings in
connection with seeking such reimbursement.
5006.3 The Chief shall also establish a schedule of costs and
hourly rates for its responses to such hazardous substance releases
based on actual costs and compensation rates of the personnel involved,
which shall be kept on file with the City Clerk and the Fire Department.
This schedule may be updated periodically, but not more frequently
than once every twelve (12) months, with each revised schedule to
be kept on file with the City Clerk and the Fire Department.
5006.4 The City Administrator is also authorized, at his/her
discretion, to apply for reimbursement for such costs incurred from
the hazardous waste fund created in Section 260.391, RSMo., as described
in Section 260.546.4, RSMo.
5006.5 The Chief or City Administrator is also authorized to
seek reimbursement to recover personnel and equipment costs from responsible
parties and/or other political subdivisions for responses to hazardous
substance releases either within or outside of the Trenton City limits.
The schedule for such costs shall be set forth in the schedule of
costs referenced in Subsection 2706.3.
5006.6 This Section shall not be deemed to limit in any way
the potential legal options, recourses, and remedies available to
the City to seek recovery of its costs and damages from any persons
or entities who may be legally responsible for such costs or damages,
or who may have a duty to insure or indemnify any such responsible
persons or entities.