§ 74-1. Cost recovery for reparation of damage due to hazardous material.

(a)

For the purposes of this section the term "hazardous material" means and includes all chemicals, materials or substances that may be so defined by the Secretary of Transportation of the United States under the provisions of the Hazardous Materials Transportation Act, 49 USC 1801—1812 (Public Safety Law 93-633).

(b)

If any damage to city property or discharge of hazardous materials from the shipping package or container or the threat of such discharge occurs which results from the transport, storage, holding, detention, delivery for transport or acceptance for transport of hazardous materials in this city, the city may recover from any shipper, carrier, bailor, bailee or any other person responsible for such storage, transport, holding, detention, delivery or acceptance all costs, including direct as well as indirect, incurred by the city in the prevention, abatement or removal of any such discharge or threatened discharge, including reasonable attorney's fees or costs incurred with respect to recovery.

(c)

The mayor is authorized to direct the bringing of any legal action necessary and desirable to enforce this section.

(Code 1977, § 7-4028)

State law reference

Costs of oil spill response, O.C.G.A. § 12-5-500 et seq.