[HISTORY: Adopted by the City Council of the City of Rockwood
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-21-1993 by Ord. No. 347; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The purpose of this chapter is to make any person or other entity
who is responsible for an activity causing a release or threat of
release, or who owns, controls or causes a container or vessel to
become unstable or unsafe thereby causing a release or threat of release
of a hazardous substance or material to the environment, liable for
the cost of cleaning up and remediating the same. Should that person
or other entity fail to meet this responsibility, thus requiring the
City to clean up the release, the City is entitled to secure reimbursement
from the responsible party.
For purposes of this chapter, the following terms shall be defined
as follows:
Land, surface water, groundwater, subsurface, strata, air,
fish, wildlife or biota.
Any substance:
Defined as a "hazardous substance" under Part 201 of the Michigan
Natural Resources and Environmental Protection Act, MCL 324.20101
et seq., or the federal Comprehensive Environmental Response, Compensation
and Liability Act, 42 USC § 9601 et seq.;
Defined as a "hazardous material" under the Michigan Hazardous
Materials Transportation Act, MCL 29.471 et seq., or the federal Hazardous
Materials Transportation Act, 49 USC § 5101 et seq.;
That is obnoxious by reason of odor; or
Found in an unstable or unsafe condition that results in a release
or threat of release, either of which, in the determination of the
Fire Chief or his or her authorized representative, is or may become
injurious, dangerous or harmful to the environment or to human or
animal life, or public health, safety or welfare.
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The term "hazardous substance or material" shall include, but
not be limited to, chemicals and gases, explosives, radioactive materials,
petroleum or petroleum products or gases, poisons, etiologic (biologic)
agents, wastes, products, flammables and corrosives.
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Means, but is not limited to, any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing of a hazardous substance or material into the
environment, or the abandonment or discarding of barrels, containers,
and other closed receptacles containing a hazardous substance or material.
It shall be the duty of any person or other entity who is responsible
for an activity causing a release or threat of release, or who owns,
controls or causes a container or vessel to become unstable or unsafe
thereby causing a release or threat of release, of a hazardous substance
or material to the environment, to immediately remove such materials
or substances and clean up and remediate the area of such threat or
release in such a manner that the area involved is fully restored
to its condition before such threat or release occurred.
Any person or other entity failing to comply with § 108-3
shall be liable to and shall pay the City any costs and expenses it
incurs, including costs incurred by the City to retain a third party
to complete abasement, cleanup, remediation and restoration of the
affected area. Costs incurred by the City shall include, but shall
not be limited to, the following: actual labor costs of City personnel,
including workers' compensation benefits, fringe benefits and
administrative overhead; the cost of equipment operation and of materials
obtained directly by the city; the cost of any contract labor and
materials, including mutual aid help and the help of the Downriver
Emergency Response Team; and any other costs incurred to clean up
and remediate the release and restore the area to its condition before
a threat of release or release occurred.
A.
If any person or other entity fails to reimburse the City as provided
in § 108-4, and such person or other entity is the owner
of the affected area or property, the City shall have the right and
power to add any and all costs of cleanup, remediation and restoration
to the tax roll for such property and to levy and collect such costs
in the same manner as provided for the levy and collection of real
property taxes against said property.
B.
Failure to pay costs incurred by the City for cleanup or remediation
of a release of a hazardous substance or material in response to a
written demand by the City shall be deemed a violation of this chapter.
The City shall have the right to bring an action in the appropriate
court to collect such costs if it deems such action to be necessary.
[Adopted 11-21-2001 by Ord. No. 389]
It shall be illegal for anyone to pour, dump, spill, leak or
otherwise release any dangerous or hazardous substance or material,
as deemed herein, onto the ground, street, sidewalk, sewer or drain
in the City.
