§ 11-56. Same—Authority to seek reimbursement for costs incurred from hazardous release.

(a)

If after 60 days from the date of completion of the county's temporary emergency response to the release of hazardous substances, pollutants or contaminants, it reasonably appears to the county administrator that any potentially responsible parties or their insurance companies are unwilling or unable to pay the cost of the county's response and that reimbursement or a grant from the state is unlikely, the county administrator is authorized to file an application with the EPA pursuant to 42 USC 9623 and 40 CFR 310 for reimbursement of those costs allowed under the statute and rule. The application shall be filed not later than one year after the date of the completion of the county's emergency response.

(b)

If subsequent to the county's receipt of reimbursement from the EPA, the county obtains a recovery for the temporary emergency response costs from a potentially responsible party, an insurance company, the state, or other source, the county administrator is authorized to direct the clerk to refund the amount of the EPA reimbursement to that agency.

(c)

If the county receives EPA reimbursement for the temporary emergency response, the county administrator and clerk are directed to retain all county records pertaining to that reimbursement for a period of ten years from the date of the receipt of the reimbursement. Upon the expiration of the ten years, the records shall not be disposed of until the EPA is contacted pursuant to federal law.

(d)

Federal law only allows for one application for reimbursement regardless of the number of local governments that incurred costs in the temporary emergency response release of hazardous substances, pollutants or contaminants. Therefore, if the county and another local government join in a temporary emergency response, the county administrator is authorized to represent the county in any negotiation with the other local governments with regard to which entity shall file the EPA application and the equitable division of any reimbursement received from the EPA. The board of county commissioners shall, however, approve any agreement reached by the county administrator before such shall become binding on the county.

(Code 1979, § 8-113; Ord. No. 14-1994, § 3; Ord. No. 022-2004, § 20)