[Adopted 7-10-1995 by Ord. No. 95-010]
The purpose of this article is to enable the
City to require reimbursement for all costs and damages incurred in
connection with emergency responses involving dangerous or hazardous
substances or materials. Such costs and damages shall include, but
not be limited to, those associated with incident abatement, cleanup
and mitigation, including any related third-party costs, which were
necessary to ensure the safety of the City and its populace.
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this article, except where the context clearly indicates a different
meaning:
The direct and reasonable costs incurred by the City, or
by a private person, corporation or other entity operating at the
request or direction of the City, when making an emergency response
to an incident, including the costs of providing police, fire-fighting
and rescue service at the scene of the incident. These costs include,
but are not limited to, all the salaries, wages and workers' compensation
benefits of the City personnel responding to the incident; all the
salaries, wages and workers' compensation benefits of the City personnel
engaged in investigation, supervision and report preparation; all
costs associated with the administration and provision of chemical
tests relating to any prosecution of the person causing the incident;
the cost of equipment operation; the cost of materials obtained directly
by the City; and the cost of contract labor or materials.
Any substance which is spilled, leaked or otherwise released
from its container, which in the opinion of the ranking Fire Department,
Police Department or Building, Zoning and Environmental Compliance
Department official, or other duly authorized personnel or official,
in charge of the scene, is dangerous or harmful to the environment
or to human or animal life, health, safety or welfare, and shall include,
but not be limited to, such substances as chemicals and gases, explosives,
radioactive materials, petroleum or petroleum products or gases, poisons,
etiologic (biologic) agents, flammables and corrosives.
Providing, sending and/or utilizing public service, or any
agent, of the City, at or to an incident involving the leakage, spillage
or any other dissemination of dangerous or hazardous substances or
materials.
Any individual, joint-stock company, partnership, voluntary
association, society, club, firm, company, corporation, business trust,
organization, or any other group acting as a unit, or the manager,
lessee, agent, servant, partner, member, director, officer or employee
of any of them, including an executor, administrator, trustee, receiver
or other representative appointed according to law.
It shall be the duty of any person who or which
controls leakage, spillage or any other dissemination of hazardous
substances or materials to immediately notify the City of such spillage
and to immediately remove same and clean up the area of such spillage
in such manner that the area involved is fully restored to its condition
before such happening. The Fire Department will inspect such site
to make sure the cleanup is in compliance with state, local and federal
guidelines.
Any person who or which fails to comply with § 311-3 hereof shall be liable to the City and shall pay the City for its costs and expenses of an emergency response. The costs and expenses of the emergency response shall constitute a debt of such person, which debt is collectible by the City, for incurring such costs and expenses, in the same manner as in the case of an obligation under a contract, express or implied.
The City Director of Finance shall, within 10
days of receiving a statement of itemized costs incurred by the Fire
Department as a result of an emergency response, submit an invoice
for the same, by first class mail or personal service, to the person
liable for such costs as set forth in this article.
Any person described in this article as being
liable for the expense of an emergency response, who fails to reimburse
the City within 30 days of receiving notice of the expenses incurred
by the City as a result of an emergency response, shall be considered
in default. If the person who is liable for the debt refuses to reimburse
the City, and owns real estate within the City, the expenses shall
be assessed against the real estate in the manner provided by the
City Charter (delinquent bills and assessments). If the person does
not own real estate in the City, collection shall be pursued by the
City Attorney. The City shall also have the right to bring an action
in an appropriate court to collect such costs if it deems such action
to be necessary.
