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 Brevard County
 Code of Ordinances
 Chapter 42. EMERGENCY SERVICES
 Article IV. HAZARDOUS MATERIALS

  § 42-125. Administration; collection of costs enforcement.  

Latest version.

  • (a)

    Administration.

    (1)

    The director of fire rescue, or his designee, shall be responsible for the administration of this article.

    (2)

    The director has submitted an inclusive billing resolution which contains the hourly cost for personnel, team equipment and team vehicle costs (Resolution 06-236A, Schedule C, Section 1).

    (b)

    Collection.

    (1)

    Upon completion of removal and/or remedial action, agencies involved shall submit an invoice for services rendered to the director for review.

    (2)

    The director shall submit to any person responsible for the release of a hazardous material, an approved invoice for costs incurred by the county in response to such release, with a demand that full remittance be made within 45 days of receipt of bill.

    (3)

    In cases of hardship, or where circumstances are such that a full remittance cannot be made to the county within the 45-day period, the director, or his/her designee, shall set-up a payback period and plan not to exceed six months, and for which the county may charge the state statutorily mandated interest payment on judgments, pursuant to F.S. § 55.03 and 55.04.

    (c)

    Enforcement/nonpayment. In the event of nonpayment of any costs incurred by the county in response to a release, after due notice as provided in subsection (a), the administrator will forward the invoice to the appropriate collection agency used by either the county or by the fire/rescue agency.

    (d)

    Alternative remedies.

    (1)

    This article shall not prohibit the county from pursuing any other available remedy, whether civil or criminal, or from instituting any appropriate action or proceeding, including injunction, in a court of competent jurisdiction.

    (2)

    As an alternative, and/or in addition to, any relief available in this section, the board may authorize the county attorney to seek present, and/or future cost recovery including attorneys' fees, in accordance with the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA), 42 United States Code, 9601 et. Seq., and any amendments thereto.

(Ord. No. 08-08, § 5, 3-18-08)

Editor's note

Ord. No. 08-08, § 5, adopted March 18, 2008, enacted provisions intended for use as subsections (1)—(4). To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as subsections (a)—(d).