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ORDINANCE No. 2020 - 37
<br />Page 3
<br />EXHIBIT A
<br />749.01 PURPOSE AND SCOPE.
<br />The purpose of this chapter is to provide for compensation to the Municipality for costs
<br />incurred in investigating, mitigating, minimizing, removing or abating unauthorized spills,
<br />releases or discharges of materials into or upon the environment within the territorial jurisdiction
<br />or responsibility of the Municipality, and which spills, releases or discharges require emergency
<br />action to protect the public health or safety or the environment.
<br />(Ord. 89-33. Passed 10-16-89.)
<br />749.02 DEFINITIONS.
<br />As used in this chapter:
<br />(a) "Common carrier by motor vehicle" means the same as in Ohio R.C. 4923.01 (C)
<br />"Motor Carrier" or other Revised Code definition as appropriate.
<br />(b) "For -hire motor carrier" means a person engaged in the business of transporting persons
<br />or property by motor vehicle for compensation, except when engaged in any of the following in
<br />intrastate commerce: means the same as in Ohio R.C. 4923.01 (B) as appropriate.
<br />(c) "Costs" includes, but is not limited to, all direct and incidental costs, including
<br />personnel costs, incurred by or on behalf of the Municipality in connection with the
<br />investigation, mitigation, minimization, removal or abatement of an unauthorized spill, release or
<br />discharge, in the following respects:
<br />(1) Operating any vehicle, apparatus or equipment used in connection with any such
<br />incident;
<br />(2) Sanitizing, cleaning and/or repairing any vehicle, apparatus, equipment or apparel
<br />used in connection with any such incident;
<br />(3) Testing any spilled, released or discharged material, or any vehicle, apparatus,
<br />equipment or apparel used in connection with any such incident;
<br />(4) Storing any spilled, released or discharged material;
<br />(5) Disposing of any spilled, released or discharged material, or any vehicle, apparatus,
<br />equipment, apparel or goods rendered unusable as a result of any such incident;
<br />(6) Replacing any vehicle, apparatus, equipment, apparel or goods lost or rendered
<br />unusable as a result of any such incident; and
<br />(7) Any costs incurred by any private party or governmental body, or subdivision thereof,
<br />whose assistance is requested by the Municipality in the event of an unauthorized
<br />spill, release or discharge, and who submits a written invoice to the Municipality
<br />setting forth its costs incurred in responding to the incident.
<br />(d) "Material" means the same as in Ohio R.C. 3745.13, and any regulations promulgated or
<br />matters decided thereunder, as appropriate.
<br />(e) "Motor vehicle" means automobile, truck, tractor, trailer, semi -trailer, motorbus or any
<br />other self-propelled vehicle not operated or driven on fixed tracks.
<br />(f) "Private motor carrier" has the same meaning as in Ohio R.C. 4923.02.
<br />(g) "Railroad" means the same as in Ohio R.C. 4907.02.
<br />(h) "Unauthorized spill, release or discharge" means the same as in Ohio R.C. Chapter 3745,
<br />any regulations promulgated or matters decided thereunder, and includes, but is not limited to,
<br />any spilling, leaking, pumping, pouring, emitting, emptying, discharging, releasing, injecting,
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