Chapter 7.30
COST RECOVERY FOR HAZARDOUS MATERIAL RELATED EMERGENCY
Sections:
7.30.030 Recovery authorization.
7.30.040 No admission of liability.
7.30.050 Action to recover expenses.
7.30.010 Purpose.
This chapter shall provide procedures for recovering costs incurred by Syracuse for City assistance in hazardous material incidents. [Ord. 12-27 § 1 (Exh. A); Ord. 03-06; Code 1971 § 7.06.010.]
7.30.020 Definitions.
“Hazardous materials emergency” means a sudden and unexpected release of any substance that, because of its quantity, concentration or physical, chemical or infectious characteristics, presents a direct and immediate threat to public safety or the environment, and requires immediate action to mitigate the threat.
“Expenses” means the actual labor costs of government and volunteer personnel, including workers compensation benefits, fringe benefits, administrative overhead, costs of equipment, cost of equipment operation, cost of materials, cost of disposal, and the cost of any contract labor and materials. [Ord. 12-27 § 1 (Exh. A); Ord. 03-06; Code 1971 § 7.06.020.]
7.30.030 Recovery authorization.
Syracuse shall be entitled to recover expenses it may incur in the cleanup of any hazardous material emergency from the person or entity that owned and/or had control over and/or caused the release of the hazardous material involved in the hazardous materials emergency. Recovery of expenses shall be pursuant to the following procedure:
(A) The City shall determine responsibility for the emergency and notify the responsible party by mail of the City’s determination of responsibility and the expenses to be recovered.
(B) The notice shall specify that the party determined responsible may appeal the City’s decision before a Hearing Officer designated by the Mayor and establish a date by which the notice of appeal shall be filed. The appeal date shall be no less than 15 days from the date of the notice.
(C) In the event the party determined responsible appeals the determination, the Hearing Officer shall hold a public hearing to consider any issues raised by the appeal, at which hearing the appealing party and the City shall be entitled to present evidence in support of their respective positions.
(D) The Hearing Officer shall, after the hearing, make a recommendation to the City Council, who shall issue a decision assessing responsibility and costs. [Ord. 12-27 § 1 (Exh. A); Ord. 03-06; Code 1971 § 7.06.030.]
7.30.040 No admission of liability.
The payment of expenses determined owing under this chapter does not constitute an admission of liability or negligence in any legal action for damages. [Ord. 12-27 § 1 (Exh. A); Ord. 03-06; Code 1971 § 7.06.040.]
7.30.050 Action to recover expenses.
In the event parties determined to be responsible for the repayment of hazardous material emergency expenses fail to make payment in full to the City within 30 days after a final administrative determination of liability, the City may initiate legal action to recover the expenses determined to be owing, including the City’s reasonable attorneys’ fees. [Ord. 24-28 § 1; Ord. 12-27 § 1 (Exh. A); Ord. 03-06; Code 1971 § 7.06.050.]
7.30.060 Severability.
If any provision of this chapter or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this chapter which can be given independent effect. To this end the provisions of this chapter are severable. [Ord. 12-27 § 1 (Exh. A); Code 1971 § 7.06.060.]