§ 66-25. Oil pollution cost recovery.

(a)

All village waters and coastal systems, at all places, at all times, shall be free from the discharge of oil.

(b)

The administrator and all personnel working under the direction of the administrator are authorized, with the consent of the property owner, to enter any property or facility within the village to conduct removal or restoration activities.

(c)

The administrator and all personnel working under the direction of the administrator shall record all time and costs associated with removal or restoration activities.

(d)

The following persons shall be jointly and severally liable for the payment of all costs incurred for removal or restoration activities:

(1)

Any person or persons whose negligent or willful act or omission proximately caused the discharge of oil.

(2)

Any person or persons who owned or had custody or control of the facility, vessel, pipeline, or other container which held the oil, or who was operating a facility from which emanated a discharge of oil, at the time of, or prior to, the discharge of oil, without regard to fault or proximate cause.

(3)

Any person or persons identified in subsection (a) or (b), who failed to contain or remedy the discharge of oil before it reached village waters or coastal systems.

(4)

Any person or persons whose negligent or willful act or omission fails to prevent, contain or remedy the discharge of oil and the effects thereof within its control, thereby allowing pollution of village waters and beaches.

(5)

The provisions of F.S. chs. 376 and 403 and associated Florida Administrative Code Rules that relate to the regulation of pollutant discharge and cleanup, water quality standards, and air quality standards shall be the minimum standards for removal or restoration activities.

(e)

Every person responsible for a discharge of oil within village waters shall promptly report the same no later then six hours following the occurrence. The administrator may request that the person or persons liable submit a written report detailing the cause, effect, remedial actions taken, actions taken to prevent a recurrence and other related information about the occurrence.

(f)

The administrator is authorized to bill for and collect any costs from the person or persons held jointly or severally liable under this section. Through the recording of time and costs as part of the regular conduct of business, the administrator's bill shall be entitled to a rebuttable presumption of correctness.

(g)

All costs collected by the administrator shall be deposited into a pollution recovery trust fund created by resolution of the village.

(h)

The administrator is authorized to expend funds from the pollution recovery trust fund for the purpose of removal or restoration activities upon approval by the village council.

(i)

The administrator is authorized to transfer funds from the pollution recovery trust fund to reimburse any expenditure from the general fund, or any other village fund related to costs upon approval by the village council.

(j)

The village may institute suit in a court of competent jurisdiction to recover costs not reimbursed more than 30 days after the administrator issues a bill. To the extent allowed by applicable law, the village shall be entitled to reasonable attorney's fees and litigation costs expended in any such action which successfully recovers costs.

(k)

For any costs not obtained by the village from the person or persons jointly and severally liable, there shall also be a private civil cause of action wherein any person may institute an action for recovery of costs. Any person successfully recovering costs through such action shall be entitled to reasonable attorneys' fees and litigation costs.

(Ord. No. 10-08, § 2, 6-10-2010)