Sec. 5. An emergency response agency or a governmental entity may obtain reimbursement under this chapter by filing an action for reimbursement in a court of general jurisdiction of:
(1) a county in which a hazardous materials emergency arose; or
(2) the county in which the unit that established the fire department is located, if the emergency response agency is a fire department that:
(A) is established by a unit under IC 36-8-2-3 or IC 36-8-13-3(a)(1); and
(B) employs:
(i) both full-time paid members and volunteer members; or
(ii) only full-time paid members.