[HISTORY: Adopted by the County Council of
Wicomico County 7-19-2005 by Bill No. 2005-6. Amendments noted where applicable.]
This chapter shall hereafter be referred to
as the "Hazardous Materials Chapter."
A.
The purpose of this chapter is to protect the citizens,
property and employees of Wicomico County and the municipalities therein
from the health hazards and other risks resulting from releases or
incident to the use, storage, distribution, possession or transportation
of hazardous substances, by providing for cost recovery for response
and recovery efforts related to hazardous materials incidents; providing
for liability for costs; and providing for collection and disbursement
of funds for cost recovery, thereby supporting those agencies providing
the necessary services.
B.
This chapter is enacted pursuant to the enabling powers
conferred by the Annotated Code of Maryland, Article 25A, § 5(A),
(B), (J) and (T); Article 16A, § 7; Courts and Judicial
Proceeding Article, §§ 3-1101 through 3-1207; and the
Environment Article of the Code. This chapter is not intended to supersede
state responsibility and authority in the subject matters covered
by this chapter.
For the purposes of this chapter, the following
definitions shall be used:
Any buildings, structures, accessory structures, installation,
equipment, pipe or pipeline (including any pipe into a sewer or publicly
owned treatment works), well, pit, lagoon, impoundment, ditch, landfill,
storage container and other stationary items which are located on
a single site or a contiguous or adjacent site which are owned, occupied
or operated by the same person or entity and which manufacture, produce,
use, import, export, store, supply or distribute any hazardous material.
Any substance designated pursuant to Section
9601(14) of the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (CERCLA) [42 U.S.C. § 9601(14)],
as amended, and regulations enacted pursuant thereto, the Environmental
Protection Agency or the Maryland Department of Environment; or
Gas, as defined by Maryland Annotated Code,
Natural Resources Article, § 6-102, as amended; or
Oil, as defined by the Code, Natural Resources
Article, § 6-102, as amended; or
Motor vehicle fuel, as defined by the Code,
Article 56, § 135, as amended; or
Petroleum products, as defined by the Code,
Article 56, § 135, as amended;
Low-level nuclear waste.
"Hazardous substance" does not include fly ash,
bottom ash, slag, and other by-products generated from the combustion
of fossil fuels.
An individual, corporation, firm, association, partnership,
joint venture, commercial entity, public utility, trust, estate, public
or private institution, group, agency, political subdivision and any
legal successor, representative or agency of the foregoing.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping or disposing into
the environment of a hazardous substance, including but not limited
to the abandonment or discarding of barrels, containers and other
receptacles containing a hazardous substance. "Release" does not include
a discharge permitted by state or federal law.
Those actions taken to prevent or minimize the release of
hazardous substances, including but not limited to storage, confinement,
neutralization, cleanup of hazardous substances or associated contaminated
materials, recycling, destruction, perimeter protection, segregation
of reactive wastes, repair or replacement of damaged or leaking containers,
collection of leachate and runoff, on-site treatment or incineration,
provision of alternate water supplies and any monitoring reasonably
required to assure that such actions taken protect the public health
and welfare and the environment.
All reasonable and necessary costs incurred to remove, contain,
or otherwise mitigate the effects of a hazardous material incident,
including, but not limited to the following:
Disposable materials and supplies acquired,
consumed and expended specifically for the purpose of the response
to the hazardous substance release, at actual cost of replacement.
Rental or leasing of equipment used specifically
for the response; for example, protective equipment or clothing and
scientific and technical equipment.
Replacement costs for equipment that is contaminated
beyond reuse or repair during the response, including, by way of illustration
and not limitation, self-contained breathing apparatus, protective
equipment or clothing and scientific and technical equipment irretrievably
contaminated during the response.
A surcharge related to the depletion of the
useful life of any equipment, materials or supplies with a limited
useful life span.
Decontamination of equipment contaminated during
the response.
Total compensation associated with the response,
including but not limited to benefits (FICA, insurance) for:
Special technical services specifically required
for the response; for example, costs associated with the time, equipment
and efforts of technical experts or specialists.
Any tests to determine the physical, chemical
or biological properties of the released items and monitoring the
site and adjoining areas.
Other special services, including but not limited
to utilities specifically required for the response.
Costs associated with the services, including
housing and cost of care, supplies and equipment used to conduct an
evacuation during the response.
Costs associated with the disposal and/or storage
of materials.
Indirect costs such as administrative and legal
costs may be included at a rate not to exceed 20% of the total direct
costs claimed.
Any person who:
Is the owner or operator of a vehicle or a site
containing a hazardous substance.
At the time of the release of any controlled
hazardous substance, was the operator or owner of any site at which
the hazardous substance was released.
By contract, agreement or otherwise arranged
for disposal or treatment or arranged with a transporter for transport
for disposal or treatment of a hazardous substance owned or possessed
by such person or by any other party or entity at any site owned or
operated by another party or entity and containing such hazardous
substances.
Accepts or accepted any hazardous substance
for transport to a disposal or treatment facility or any sites selected
by the person.
"Responsible person" does not include a holder
of a mortgage or deed of trust who acquires title through foreclosure
to a site containing a hazardous substance as the result of a release.
A.
The County Council, in executive session, with the
advice of the Department of Emergency Services, Emergency Management
Division and the Wicomico County Fire Chiefs' Association shall have
the authority to establish rates to be charged for response costs
under this chapter.
B.
Initial costs shall be established by levels of response
as follows:
(1)
Level 1 response, first due Fire Department, 10 gallons
or less without exposure to waterway or drainage systems (including
ditches): $250, plus materials and equipment used.
(2)
Level 2 response, first due Fire Department and hazmat
unit with minimum of four technician level personnel, spill of 10
to 25 gallons without exposure to waterway of drainage systems (including
ditches): $500, plus materials and equipment used.
(3)
Level 3 response, first due Fire Department, decontamination
unit and hazmat unit with minimum of five to six technicians, spill
of 20 to 50 gallons with or without exposure to waterway or drainage
systems (including ditches): $1,500, plus materials and equipment
used.
(4)
Level 4 response, first due Fire Department, Decontamination
unit and hazmat unit with minimum staffing of 20 technicians, 50 gallons
or more spilled with or without exposure to waterway or drainage (including
ditches); any leak from a box truck; truck tanker overturned and or
leaking; industrial toxic gas and or chemical leak; all rail car leaks;
any incident that does not fit in either Levels 1 through 3: $2,000,
plus materials and equipment used/up to four hours and $100 per part
of hour thereafter.
C.
Vehicle cost will assessed on an hourly basis, or
any part thereof, as follows:
(1)
Engine, truck, rescue will be assessed at $150 per
hour.
(2)
Hazmat unit will be assessed at $150 per hour.
(3)
Utility vehicles will be assessed at $50 per hour.
(4)
EMS unit will be assessed at $100 per hour (does not
apply if used for transport to emergency facility, this is on scene
use only).
(5)
Decontamination unit with be assessed at $200 per
hour.
A.
Any responsible party who causes a hazardous material
incident, whether intentionally or negligently, shall be liable for
the payment of all reasonable and necessary costs incurred by a government,
including all costs of response action incurred by a volunteer fire
and ambulance company, and all costs of response action incurred by
a volunteer ambulance company for response and remediation of such
an incident.
B.
There shall be a presumption that any person who owns
and/or has a present possessory interest in any private property on
which any discharge or escape of a hazardous substance occurs has
permitted or allowed the discharge or escape.
A.
The Wicomico County Department of Emergency Services,
Emergency Management Division, shall serve as the agent for collecting
invoices and supporting documentation and billing the responsible
party for costs. Fire departments, including volunteer fire and/or
ambulance companies dispatched to respond to a hazardous material
incident or responding according to the responsibilities set forth
in the local emergency planning committee hazardous material response
plan are eligible to submit bills.
B.
An invoice and supporting documentation identifying
eligible costs under this chapter shall be submitted to the Wicomico
County Department of Emergency Services, Emergency Management Division
within 10 calendar days after the incident occurs and is closed. Submitted
invoices must include sufficient documentation for cost reimbursement
(i.e., copy of personnel certifications and on-scene duties performed,
for all personnel involved in the incident, will be required for billing,
audits and justifications, copies of time sheets for specific personnel,
copies of bills for materials, equipment and supplies procured or
used, etc.) The acceptance of invoices by the Emergency Management
Division shall not obligate the County to pay those costs until payment
is received by Wicomico County from the responsible party.
[Amended 4-4-2006 by Bill No. 2006-4]
C.
The Wicomico County Department of Emergency Services,
Emergency Management Division, shall submit one or a series of consolidated
invoices to the responsible party identifying agencies, agents or
municipalities and their specific costs or reimbursements. The responsible
party shall issue a certified check made payable to Wicomico County
within 60 days of receiving a consolidated invoice.
D.
Wicomico County shall disburse payments received to
the responding companies who submitted invoices and supporting documentation
on a quarterly basis. In the event payments received are insufficient
to pay invoices in full, disbursement among the companies shall be
on a pro rata basis. No fire department or volunteer fire and/or ambulance
company will receive reimbursement funds unless it has complied with
the requirements of this section.
A.
The county may enforce these provisions by civil action
in a amounts due hereunder, plus administrative collection costs,
attorneys' fees, or for any other relief that may be appropriate.
A certified copy of a judgment in favor of the county may be recorded
in the public records and thereafter shall constitute a lien upon
any real or personal property owned by such person(s) and is collectible
in the same manner as the property tax may be collected under the
Tax-Property Article.
B.
This chapter shall not prohibit the county from pursuing
any other remedy, whether civil or criminal, or from instituting any
appropriate action or proceedings, including injunction in a court
of competent jurisdiction, nor shall the recovery of expenses under
this chapter in any way release the various parties, or limit them,
from legal liability incurred as a result of hazardous material cleanup
or abatement as defined under any local, state or federal rule or
regulation.
Whenever the requirements or provisions of this
chapter are in conflict with the requirements or provisions of any
other law, the more restrictive requirements shall apply.
