[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:
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.
Includes the City of Parsons, Labette County, and any entity
responding under a mutual aid or assistance agreement with the City
of Parsons.
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.
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:
Disposable materials and supplies acquired,
consumed and expended specifically for the purpose of the emergency
action.
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.
Rental or leasing of equipment used specifically
for the emergency action (e.g., protective equipment or clothing and
scientific and technical equipment).
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).
Decontamination of equipment contaminated during
the response.
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).
Other special services specifically required
for the emergency situation.
Laboratory costs for purposes of analyzing samples
taken during or as a result of the emergency action.
Any costs of cleanup, storage or disposal of
the released material.
Costs associated with the services, supplies
and equipment procured for a specific evacuation.
Medical expenses incurred as a result of response
activities.
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.
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.
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 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.
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 persons causing or responsible for the
emergency action.
E.
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.
