Article I. Public Health And Safety; Environmental Hazards
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Emergency action- means all activities conducted in order to evaluate, prevent, mitigate or alleviate harm to the public health and safety or the environment from a release or threatened release of any solid, liquid or gaseous material or any combination thereof into or upon land, water or air.
Government entity- means the City or any entity responding under a mutual aid agreement with the city.
Public Officer-the City Manager shall designate an officer or officers to administer and enforce all articles in Chapter 10.
Recoverable expenses- means and includes full costs expended by the governmental entity that are reasonably and prudently incurred in responding to an emergency action and may include but are not limited to:
A. Costs of all materials and supplies consumed and expended in responding to an emergency action.
B. Compensation of governmental entity employees for time and effort devoted to an emergency action.
C. Costs of renting or leasing equipment needed to evaluate and respond to an emergency action.
D. Replacement costs of equipment owned, leased or rented by the governmental entity that is contaminated or damaged beyond reuse or repair in responding to an emergency action.
E. Costs for decontaminating and/or repairing of equipment owned, rented or leased by the governmental entity that is contaminated or damaged in responding to an emergency action.
F. Costs for special technical services and personnel required for evaluating and/or responding to an emergency action.
G. Costs for special services specifically required for evaluating and/or responding to an emergency action.
H. Laboratory analysis costs incurred in evaluating and responding to an emergency action.
I. Any costs of cleanup, storage or disposal of material released or threatened to be released or used in responding to an emergency action.
J. Costs associated with services, supplies and equipment owned, leased or rented by the governmental entity for evacuation of persons or property in response to an emergency action.
K. Medical expenses incurred by the governmental entity’s employees or agents as a result of responding to an emergency action.
L. Legal expenses and administrative costs that may be incurred as a result of an emergency action, including efforts to recover expenses pursuant to this article.
Recoverable expenses- shall not include expenditures that are incurred in the course of providing routine firefighting protection.
Release- means any actual 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.
Threatened release- means any imminent or impending event potentially causing but not yet resulting in a release of material, but causing the governmental entity to undertake an emergency action to prevent a possible release of material.
(K.S.A. 65-3471, 65-3472; Code 2015)
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 an emergency action. There shall be a rebuttable presumption that any person owning or controlling real or personal property causing a release or threatened release is responsible for such release or threatened release.
A. Itemization of recoverable expenses. Staff of the governmental entity shall keep an itemized record of its recoverable expenses resulting from an emergency action and shall certify those expenses to the City Clerk after completion of an emergency action.
B. Submission of claim. The City Clerk shall submit a written, itemized claim for the total certified expenses incurred by the governmental entity for an emergency action to the responsible party and a written notice that unless the amounts are paid in full to the governmental entity within thirty (30) days after the date of mailing of the claim and notice, a civil action will be commenced against the responsible person for recovery of the amount claimed and all costs including legal expenses incurred in efforts to recover emergency action expenses.
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 an emergency action.
D. Civil suit. The governmental entity involved in an emergency action may bring a civil action upon open account for recoverable expenses against any and all persons causing or responsible for an 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 an emergency action.
Nothing in this article shall be construed to conflict with State or Federal laws requiring persons causing or responsible for releases or threatened releases of materials from engaging in remediation activities and/or paying the costs thereof.
If 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 five hundred dollars ($500.00). Each day a violation of this section occurs shall be considered and punishable as a separate offense.