A. Any person transporting or storing hazardous materials shall clean up any hazardous materials incident that occurs during transportation or storage, and shall take such additional action as may be reasonably necessary, after consultation with the designated incident command agency, in order to achieve compliance with all applicable federal, state and local laws and regulations.

B. Any person responsible for causing the hazardous materials incident, other than operating employees of a transportation company, is liable to the city for extraordinary costs incurred by the city in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident.

C. "Extraordinary costs," as used in this section, means those reasonable and necessary costs incurred by the city in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire protection, emergency services, and public works. These shall include, but not be limited to, overtime for public employees, unusual fuel-consumption requirements, any loss or damage to publicly owned equipment, and the purchase or lease of any special equipment or services required to protect the public during the hazardous materials incident.

D. The city attorney is authorized to initiate and prosecute any civil action necessary to effectuate this section. (Ord. M-2482 §2, 1984)