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i-' ,I( <br />M.V. ORDINANCE N0. 89- 33 <br />Page -2- <br />(e) "Railroad" has the same meaning as in Section 4907.02 of the <br />Revised Code. <br />749.03 Liability <br />(a) Any person or entity responsible for causing or allowing an <br />unauthorized spill, release, or discharge of material into or upon the <br />environment is liable to the Village for disaster services rendered. The <br />costs shall be paid by the person or entity responsible for causing or <br />allowing the unauthorized spill, release, or discharge or materials into <br />or upon the environment that requires emergency action to protect the <br />public health or safety or the environment. <br />(b) If an unauthorized spill, release, or discharge occurs from a <br />motor vehicle or train being operated by, or on behalf of, a common <br />carrier by motor vehicle, contract carrier by motor vehicle, private <br />motor carrier, or railroad, a claim or civil action shall be submitted to <br />or brought against, as appropriate, and the costs of the emergency action <br />shall be recovered from, the motor carrier or railroad was responsible <br />for causing or allowing the unauthorized spill, release, or discharge to <br />occur. <br />740>04 Procedure <br />(a) The Fire Chief, or his designated representative, shall keep a <br />record of the Village's costs of investigating, mitigating, minimizing, <br />removing or abating the unauthorized spill, release, or discharge. A <br />schedule of charges used to determine such costs is on file in the Fire <br />Department and may be obtained therefrom. <br />(b) Not less than thirty (30) days before bringing civil action for <br />the recovery of costs pursuant to this Section and O.R.C. 3745.13, the <br />Law Director shall submit a written itemized claim for the total certi- <br />fied costs incurred by the Village, except as provided in paragraph (b), <br />and written notice that, unless the amount is paid to the Village within <br />thirty (30) days after the date of mailing of the claim and notice, the <br />Law Director shall bring a civil action for that amount. <br />SECTION 2. The Council finds and determines that all formal actions <br />of this Council relating to the adoption of this Ordinance have been <br />taken at open meetings of this Council; and that deliberations of this <br />Council and of its committees, resulting in such formal action, took <br />place in meetings open to the public, in compliance with all statutory <br />requirements including the requirements of Section 121.22 of the Ohio <br />Revised Code.