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Ordinance 31-Establish Charges for Hazardous Material Clean Up

An ordinance pursuant to Public Act 102 of 1990 (MCL 41.806a: MSA5.264(6a), to establish charges for fire department emergency services, in responding to an incident involving hazardous matcrial, and to provide methods for the collection of such charges. The Township of Springport, Jackson County, Michigan, ordains: Section 1: Purpose In order to protect the Springport Township from incurring extraordinary expenses resulting from the utilization for township resources to respond to an incident involving hazardous material, the Township of Springport authorizes the imposition of charges to recover reasonable and actual costs incurred by the fire department in responding to calls for assistance in connection with a hazardous material release. Section 2: “Hazardous Material” defined For purposes of this ordinance, a “hazardous material” includes, but is not limited to a combustable liquid, a flammable gas, an explosive, toxics and corrosives. It also includes those materials declared to be hazardous by either the United States Environmental Protection Agency or the Michigan Department of Natural Resources. Section 3: “Release” defined Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, or disposing into the environment. Section 4: “Responsible Party” defined Any individual, firm, corporation, association, partnership, government entity or any other legal entity that is responsible for a release of hazardous material, either actual or threatened, or that is an owner tenant, occupant or in control of property onto which or from which hazardous materials release. Section 5: “Charges Imposed Upon Responsible Party” Where the fire department responds to a call for assistance in connection with a hazardous materials release, all costs or expenses incurred by the fire department in responding to such a call, shall be imposed upon the responsible parties. Those costs and expenses include: A. $200.00 per hour, or fraction thereof, for each pumper required, in the opinion of the officer in command, to stand by at the hazardous materials incident. For each hour, or fraction thereof, that the pumps are activated, an additional sum of $50.00 per hour shall be charged. B. $150.00 per hour, or fraction thereof, for each water tender required, in the opinion of the officer in command, to be utilized in responding to the hazardous materials incident. C. $100.00 per hour, or fraction thereof, for each additional fire department vehicle required, in the opinion of the officer in command, to be utilized in responding to the hazardous materials incident. D. All personal- related costs incurred by the fire department as a result of responding to the hazardous materials incident. Such costs may include, but are not limited to, wages, salaries and fringe benefits and insurance for all full-time and part-time fire fighters, over time pay and related fringe benefit costs for hourly employees, and fire run fees paid to on call fire fighters. Such personnel-related charges shall commence after the first hour that the fire department has responded to the hazardous materials incident, and shall continue until all township personnel have concluded hazardous materials incident-related responsibilities. E. Other expenses incurred by the fire department in responding to the hazardous materials incident including, but not limited to the rental of machinery and equipment, the purchase of water, and replacement costs related to disposable personal protective equipment, extinguishing agents and other supplies. F. Changes to the township imposed by any local, state, or federal government entities related to the hazardous materials incident. G. Costs incurred in accounting for all hazardous materials incident-related expenditures, including billing and collection costs. H. All other costs or expenses incurred by the township as a result of responding to the hazardous materials incident. Section 6: Billing Procedures Following the conclusion of the hazardous materials incident, the Fire Chief shall submit a detailed list of all known costs and expenses to the Township Billing Department, who shall prepare an invoice to the responsible party for payment. The billing invoice shall demand full payment within thirty (30) days of receipt of the bill. Any additional costs or expenses that become known to the fire department chief following the transmittal of the bill shall be invoiced in the same manner on a subsequent bill to the responsible party. For any amounts that remain unpaid after thirty (30) days, the Township shall impose a late charge of one (1%) percent per month, or fraction thereof. Section 7: Other Remedies The township may pursue any other remedy, or may institute any appropriate action or proceeding, in a court of competent jurisdiction to collect charges imposed under this ordinance. The recovery of charges imposed under this ordinance does not limit the liability of responsible parties under state or federal law, rule or regulation. Section 8: Severability Should any provision or part of this ordinance be declared, by any court of competent jurisdiction, to be invalid or unenforceable, the same shall not affect the validity or enforce ability of the balance of this ordinance which shall remain in full force and effect. Section 9: Effective Date This ordinance shall take effect immediately. All ordinances or parts of ordinances in conflict are hereby repealed. Adopted March 10, 2003