§ 235-5. Enforcement.

A. 

The Borough and any volunteer organization of the Borough responding to the emergency caused by the discharge of a hazardous substance shall keep a detailed record of the costs attributable thereto and shall certify that record to the governing body within which the discharge occurred.

B. 

The Borough and any volunteer organization of the Borough responding to the emergency caused by the discharge of a hazardous substance may request the Borough Attorney to bring a civil action in a court of competent jurisdiction for recovery of costs permitted pursuant to this chapter. Upon receiving such a request, the Borough Attorney shall submit a written, itemized claim for the total certified costs incurred by the Borough and each volunteer organization to the responsible persons with a demand that those costs be paid. The demand shall also notify the responsible persons that unless the total certified costs are paid within 30 days from the mailing of the demand, the Borough Attorney is authorized to commence a civil action to recover said costs.

C. 

In determining of the amount required to be reimbursed pursuant to § 235-4 of this chapter, the status of a person liable as a taxpayer to the Borough may be taken into consideration.

D. 

The Borough and any volunteer organization responding to the emergency caused by the discharge of a hazardous substance may compromise and settle any claim for costs permitted pursuant to this chapter in such amount in the discretion of the Borough or unit or organization as may appear appropriate and equitable under all of the circumstances.

E. 

Any recovery of costs shall be credited to the appropriate funds of the Borough and each volunteer organization from which moneys were expended in responding to the emergency caused by the discharge of a hazardous substance.

F. 

The recovery of costs will be received whether the incident takes place within the Borough of Dumont or as part of a mutual aid response.