[HISTORY: Adopted by the City Commission of the City of Parsons 9-16-1996 by Ord. No. 5745. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- EMERGENCY ACTION
- All of the concerted activities conducted by a governmental entity or its employees or agents in order to prevent or mitigate injury to human health or the environment associated with the release or threatened release of any hazardous substance or pollutant or contaminant into or upon the environment.
- GOVERNMENTAL ENTITIES
- Includes the City of Parsons, Labette County, and any entity responding under a mutual aid or assistance agreement with the City of Parsons.
- HAZARDOUS SUBSTANCE
- The meaning ascribed to such term by K.S.A. § 65-3452a as in effect on July 1, 1996.
- Includes any individual, corporation, association, partnership, firm, trustee or legal representative.
- RECOVERABLE EXPENSES
- In general, those expenses that are reasonable, necessary and allocable to the emergency action. "Recoverable expenses" shall not include normal expenditures that are incurred in the course of providing routine firefighting. Expenses allowable for recovery may include, but are not limited to:
- A. Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the emergency action.
- B. Compensation for employees for the time and efforts devoted specifically for the purpose of emergency action that is not otherwise provided for in the governmental entity's operating budget.
- C. Rental or leasing of equipment used specifically for the emergency action (e.g., protective equipment or clothing and scientific and technical equipment).
- D. Replacement costs for equipment owned by the governmental entity that is contaminated beyond reuse or repair, if the governmental entity can demonstrate that the equipment was a total loss and that the total loss occurred during the emergency action (e.g., self-contained breathing apparatus irretrievable or contaminated during response to the emergency).
- E. Decontamination of equipment contaminated during the response.
- F. 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 governmental entity).
- G. Other special services specifically required for the emergency situation.
- H. Laboratory costs for purposes of analyzing samples taken during or as a result of the emergency action.
- I. Any costs of cleanup, storage or disposal of the released material.
- J. Costs associated with the services, supplies and equipment procured for a specific evacuation.
- K. Medical expenses incurred as a result of response activities.
- L. Legal expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this chapter.
- Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, infecting, escaping, leaching, dumping or disposing into or upon the environment of any hazardous substance.
- THREATENED RELEASE
- Any imminent or impending event potentially causing but not resulting in a release but causing the governmental entity to undertake an emergency action.
This chapter provides a means for the governmental entities to recover, through civil suit, the recoverable expenses they incur in taking an emergency action.
Any and all persons causing or responsible for a release or threatened release which results 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.
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.
Submission of claim. 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 the date of the mailing of the claim and notice, legal counsel will file a civil action for the stated amount.
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.
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 persons causing or responsible for the emergency action.
Distribution of moneys recovered. Moneys recovered under this chapter shall be credited to the appropriate funds of the governmental entity from which moneys were expended in performing the emergency action.
Nothing in this chapter shall be construed to conflict with county, 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.
In the event that 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 such person 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.