[HISTORY: Adopted by the City Council of the City of Rockwood as indicated in article histories. Amendments noted where applicable.]
Article I Cost Recovery
Article II Spills, Dumping and Release
[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.
- HAZARDOUS SUBSTANCE OR MATERIAL
- Any substance:
- A. 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.;
- B. 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.;
- C. That is obnoxious by reason of odor; or
- D. 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.
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.
- 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.
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.
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.