A. The Aberdeen Fire Department or its authorized contractor is authorized, but not required, to mitigate the effects of any hazardous material unlawfully released, discharged or deposited upon or into any property or facilities within the city of Aberdeen.

B. Any person or persons, responsible for causing a hazardous materials incident, as defined in RCW 70.136.020, is liable to the Aberdeen Fire Department for extraordinary costs incurred by the Aberdeen Fire Department, in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident, until the incident oversight is assumed by the state of Washington Department of Ecology or another public agency with jurisdiction over the incident.

C. “Extraordinary costs” as used in this section means those reasonable and necessary costs incurred by the Aberdeen Fire Department 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.