§ 28-276. Enforcement.

(a)

Cleanup and reimbursement. Any person subject to this article shall be liable for any damage caused by a regulated substance(s) present on or emanating from the person's property, including motor vehicles, for all costs of removal or remedial action incurred by Hernando County, and damages for injury to, destruction of or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss resulting from the release of a regulated substance. Such removal or remedial action by Hernando County may include, but is not limited to, the prevention of further contamination of groundwater, monitoring, containment and cleanup or disposal of regulated substances resulting from the spilling, leaking, pumping, pouring, emitting or dumping of any regulated substance or material which creates an emergency hazardous situation or is expected to create an emergency hazardous situation.

(b)

Penalties. In addition to other penalties provided by this article, any person, organization, society, association, corporation or any agent or representative thereof who violates any provision of this article shall, upon adjudication or conviction, be subject to the penalties described below. Each day of continued violation after receipt of written notice may constitute a separate offense.

(1)

Reserved.

(2)

Civil penalties. Civil infractions of this article shall be handled according to the provisions of the Hernando County Code Enforcement Ordinance.

(3)

Hernando County shall create a pollution recovery trust fund into which will be paid penalties collected as a result of enforcement of the provisions of this article. The pollution recovery trust fund will be used for cleanup and response to spills or other discharges. Such costs may include retaining staff to serve on a response team, purchasing of absorbent materials and retention of contractors for assessment activities. Nothing in this article shall preclude the county from seeking reimbursement from those parties responsible for the discharge.

(c)

Injunctive relief. If any person who engages in activities regulated by this article uses, handles, produces, stores or disposes of regulated substances or otherwise continues to operate in violation of the provisions of this article, then Hernando County may file for injunctive relief in a court of competent jurisdiction.

(Ord. No. 94-8, § 16, 6-27-94; Ord. No. 2004-09, § 14, 7-13-04)