[HISTORY: Adopted by the City Council of
the City of Roseville as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 71.
Building construction — See Ch. 88.
Emergency management — See Ch. 128.
Fire prevention — See Ch. 142.
Groundwater wells — See Ch. 163.
Property maintenance — See Ch. 225.
Sewers — See Ch. 256.
Soil erosion and sedimentation control — See Ch. 284.
Solid waste — See Ch. 285.
Subdivision of land — See Ch. 294.
Wastewater system — See Ch. 350.
Water — See Ch. 354.
Zoning — See Ch. 370.
[Adopted 3-24-2009 by Ord. No. 1218]
A.
The City of Roseville Fire Department, Fire Marshal
Division, finds that due to the number of major roadways and interstate
highways that dissect the City of Roseville and the number of high-risk
major businesses found within our City boundaries, the potential exists
for response to incidents involving the release or threatened release
of hazardous materials and/or substances. Such incidents create a
likelihood of personal injury and/or property damage. The control
and abatement of such incidents places a significant financial and
operational burden upon the City's fire-fighting, rescue and emergency
medical services and other departments within the City (police, DPW,
water, etc.). It is necessary to adopt an article to establish the
liability for such incidents and to establish a policy and methods
which will allow the City to seek recovery of all City of Roseville
costs associated with emergency responses to hazardous materials and/or
substance incidents from the responsible parties.
B.
The purpose is to protect the City of Roseville from
extraordinary expenses resulting from the utilization of City resources
in response to an incident involving the spill, release or discharge
of hazardous materials and/or substances, or the threatened release
of hazardous materials and/or substances or the improper handling
or storage of hazardous materials and/or substances by authorizing
the imposition of charges to recover actual costs incurred by the
City in responding to such incidents.
This article shall be known and referred to
as: "Hazardous Materials and/or Substances Incident Cost Recovery
Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
To put an end to; to reduce in degree, intensity, volume
or amount.
The City of Roseville and all departments and units of said
City.
The providing, sending and/or utilizing of fire-fighting,
police, emergency medical and rescue services and/or other City departments
or by a private industrial entity, corporation or other assisting
government agency operating at the request or direction of the City
of Roseville for an incident resulting in a hazardous materials and/or
substances release, or threatened release, or the cleanup or abatement
of same.
Any and all costs incurred by the City of Roseville, or by
a private person, corporation or other assisting government agency,
whether direct or indirect, and shall include, but not be limited
to, expenses attributable to the response.
"Costs and expenses" shall also mean costs and
expenses involving entities operating at the request or direction
of the City of Roseville when making an emergency response to the
hazardous materials and/or substances incident, including the costs
of providing fire-fighting, police, rescue services and emergency
medical services, containment storage, cleanup and abatement of all
hazardous conditions at the scene of the incident.
The costs further include all salaries and wages
of City of Roseville personnel responding to the incident, salaries
and wages of City of Roseville personnel engaged in the investigation,
supervision and report preparation regarding said incident, all salaries
and wages of personnel of assisting government agencies operating
at the request or direction of the City of Roseville, and all costs
connected with the administration of the incident relating to any
prosecution of the person(s) responsible, including those relating
to the production and appearance of witnesses at any court proceedings
in relation thereto.
Costs shall include all City vehicles responding
to the incident (charges for vehicles set by the Macomb County Fire
Chiefs Association). Costs shall also include such items as disposable
materials and supplies used during the response to said incident,
the rental or leasing of equipment used for the specific response,
vehicle and/or equipment repair, replacement of equipment which is
contaminated or damaged beyond reuse or repair during the response
to said incident, medical expenses and hospitalization costs for exposures,
injuries or illnesses resulting from the incident, costs of all meals
for all personnel involved in the incident, extinguishing agents,
water purchased from municipal water systems, costs incurred by area
fire and police departments requested through mutual aid agreements
with the City of Roseville or its agents, special technical services
and laboratory costs and services and supplies purchased for any specific
evacuation relating to said incident. Costs shall also include all
expenditures for storm sewer cleaning, maintenance, repair or replacement,
whether performed by the City and/or contractors retained by the City.
The administrative head of the Roseville Fire Department.
The City of Roseville Fire Department.
An individual/designee named by and accountable directly
and solely to the Fire Chief.
An individual/designee named by and accountable directly
and solely to the Fire Chief.
Those elements, materials, substances, wastes
or by-products in any quantity or form, including, but not limited
to, chemicals, combustible liquid, corrosives, etiologic (biologic)
agents, flammable gas, explosives, flammables, poisons, organic peroxides,
oxidizers, pyrophorics, radioactive materials, unstable reactive matter,
water reactive matter, petroleum or petroleum products, antifreeze,
polychlorinated biphenyls and asbestos, which are or are potentially
harmful to the environment or human or animal life or which pose an
unreasonable or imminent risk to life, health or safety of persons
or property or to the ecological balance of the environment as determined
by the Fire Chief, his or her designee or Senior Fire Official of
the City of Roseville in charge at the scene.
These elements, substances, wastes or their
by-products include those which are contained in the list of hazardous
substances adopted by the United States Environmental Protection Agency
(the EPA); or which are contained in the list of toxic pollutants
designated by Congress or the EPA; or which are defined as hazardous,
toxic, pollutant, infectious, flammable, combustible, explosive or
radioactive by any other federal, state or local statute, law, ordinance,
code, rule, regulation, order or decree regulating, relating to, or
imposing liability or standards of conduct concerning any hazardous,
toxic or dangerous waste substance or material, as now or at any time
hereafter in effect.
Specifically included, without limitation, as
federal and state laws, rules and regulations are:
Act No. 307 or the Public Acts of 1982, as amended,
MCLA 299.601 et seq.;[1]
The Federal Comprehensive Environmental Response,
Compensation and Liability Act, as amended, 42 U.S.C. § 9601
et seq.;
The Federal Toxic Substances Control Act, as
amended, 15 U.S.C. § 2601 et seq.;
The Federal Resource Conservation and Recovery
Act, as amended, 42 U.S.C. § 6901 et seq.;
The Federal Hazardous Material Transportation
Act, as amended;
The Federal Clean Air Act, as amended;
The Federal Water Pollution Control Act, as
amended;
The Federal Superfund Amendment;
Hazardous substances, as defined in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, Public
Law 96-510, 94 State, 2767, as amended;
Hazardous substances, as defined in Part 201
of Act No. 451 of the Public Acts of 1994 of the State of Michigan,
as amended;[2]
Hazardous waste, as defined in Part 111 of Act
No. 451 of the Public Acts of 1994 of the State of Michigan, as amended;[3]
Petroleum, as described in Part 213 of Act No.
451 of the Public Acts of 1994 of the State of Michigan, as amended;[4]
Oxidizing material, as regulated by the United
States Department of Transportation through regulations found in 49
CFR, 173.151;
Poisons (liquid or gas), as regulated as poison
class A by the United States Department of Transportation through
regulations found in 49 CFR 173.326;
"Radioactive material" shall mean any material
required by the United States Department of Transportation to have
type A packaging or other special protections or closed transport
vehicles, under regulations found in 49 CFR 173.425;
Compressed gas, as regulated by the United States
Department of Transportation through regulations found in 49 CFR 173.300.
Any similar or successor statute or law, or
rules and regulations of the EPA, or any other state or federal department,
board or agency, or any other agency or governmental board or entity
having jurisdiction.
Hazardous materials and/or substances specifically
include, without limitation, petroleum products, automotive antifreeze,
polychlorinated biphenyls and asbestos.
Any occurrence, incident, activity, accident or emergency
where a release of hazardous materials and/or substance occurs or
is reasonably imminent and where the Fire Chief, or his or her designee,
has so declared such activity, accident or emergency a hazardous materials
and/or substances incident or emergency.
If a vehicle or vehicles involved in a hazardous materials
and/or substances incident is found to be unsafe or in violation of
motor carrier regulations or poses an unreasonable or imminent risk
to life, health or safety of persons or property, or to the ecological
balance of the environment, as determined by the Fire Chief, his or
her designee or the Senior Fire Official of the City of Roseville
in charge at the scene, said vehicle will be impounded to a suitable
place until repair or cleanup/decontamination and investigation can
be made. Upon correction of the conditions, the Fire Chief, or his
or her designee, shall be notified and shall reinspect the vehicle;
if found to be in compliance with all acts and rules governing this
type of incident, and all reasonable impounding and repair or cleanup/decontamination
expenses have been paid, the vehicle will be released to the owner
or the legal representative of the owner.
Any person or persons having a vested or contingent interest
in the premises, real property, container or vehicle involved in the
hazardous substances and/or materials incident, including but not
limited to any duly authorized agent or attorney, purchaser, devisee
or fiduciary or said person having said vested or contingent interest.
Individuals, firms, joint ventures, partnerships, corporations,
clubs and all associations or organizations of natural persons, either
incorporated or unincorporated, howsoever operating or named, and
whether acting by themselves or by a servant, contractor, employee,
agent or fiduciary, and includes all legal representatives, heirs,
successors and assigns thereof.
Any actual or threatened spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping
or disposing of a hazardous substance or material into the environment,
including, but not limited to, the air, soil, groundwater and surface
water, or the improper handling or storage thereof, or the abandonment
or discharging of barrels, containers or other receptacles containing
a hazardous substance or material.
Any individual, firm, corporation, association, partnership,
commercial entity, consortium, joint venture, sole proprietorship,
trust, firm, joint stock company, limited-liability company, government
entity or any other legal entity responsible for the incident, or
any owner, tenant, operator, occupant or other person in control of
or responsible for the operation, maintenance and/or condition of
any building, premises, property or vehicle where an incident arises
which involves the release or threatened release of hazardous substances
and/or materials on or about said building, premises, property and/or
vehicle. The responsible party shall be required to reimburse the
City of Roseville for all costs and expenses of an emergency response
to said hazardous materials and/or substances incident as further
defined in this chapter. Where more than one person or legal entity
is a responsible party, such liability shall be joint and several
as to all involved persons or entities with a person or entity retaining
a right of contribution from remaining persons or entities.
An individual/designee named by and accountable directly
and solely to the Fire Chief.
Shall mean any imminent or impending event or circumstance
potentially causing but not resulting in a release, which causes the
City of Roseville to undertake emergency response.
Any public or private utility company, person, individual,
firm, corporation, association, authority, partnership, commercial
entity, consortium, joint venture, government entity or other legal
entity, including, but not limited to, telecommunication, cable, water,
sewer, electric, gas, lighting and other fuel providers.
Any event requiring an emergency response by the City of
Roseville that involves any public or private utility property and
requires the emergency responders to remain at the incident to protect
the health, safety and welfare of the public until the utility responds
to the incident and takes corrective measures. Any public or private
utility whose activities or facilities necessitate an emergency response
shall be liable for the expense of the emergency response.
A.
In the event that City of Roseville employees are
dispatched and respond to a hazardous materials and/or substances
incident, the City employee in charge shall notify the responsible
parties, including (if necessary) appropriate local, county, state
and federal agencies, as soon as possible. Personnel shall take the
necessary action to address and contain the dangers of contamination
and/or fire from any hazardous materials and/or substances incident
or imminent threat from such substances. If necessary, arrangements
shall be made for evacuation of persons in the affected area.
B.
If additional manpower and equipment is required for
containment of said incident, the fire official in charge of the incident
shall contact and utilize the fire-fighting, police, emergency medical
and rescue services of other City of Roseville departments or, by
mutual aid agreement, neighboring City departments or private industrial
entities, corporations or other assisting government agencies operating
at the request or direction of the City or Roseville for an incident
resulting in a hazardous materials and/or substances release or threatened
release or the cleanup or abatement of same.
C.
All City of Roseville personnel shall take appropriate
steps for a hazardous materials and/or substances response that conform
to their level of training and as appropriate to the supplies and
equipment to them, in accordance with established protocols and procedures.
A.
Any person who accidentally, negligently or intentionally
causes or is responsible for any release, spill or improper handling
or storage of any hazardous materials and/or substances in the City
of Roseville shall be responsible and liable for the abatement, control,
capture, removal and proper storage or disposal of such hazardous
materials and for all costs associated therewith. In addition, any
responsible parties shall also be responsible and liable for costs
as set forth above, which include, but are not limited to, owners,
landlords, tenants, operators or occupants of buildings, premises,
property or vehicles where an incident arises involving the release
or threatened release of hazardous materials and/or substances on,
within or about said buildings, premises, property and/or vehicles.
Such responsible party shall have the option to secure and hire a
firm qualified to abate, control, capture, properly store and dispose
of these materials or to request the City of Roseville to do so; provided,
however, that if in the opinion of the Fire Chief, or his or her designee,
of the fire department responding to the release of hazardous materials
and/or substances immediate action is necessary to reduce the risk
of danger of harm to persons, property or the environment, the Fire
Chief, or his or her designee, may direct the appropriate response
activities be immediately undertaken.
B.
All the costs and expenses of an emergency response
for such activities shall be invoiced to and paid by the responsible
party as further set forth in this chapter.
A.
The responsible party shall be required to reimburse
the City of Roseville for all costs and expenses of an emergency response
to said hazardous materials and/or substances incident.
B.
The expense of an emergency response shall be a charge
imposed upon the responsible party under this article. The charge
constitutes a debt of that responsible party and is collectible by
the City of Roseville in the same manner as an obligation under contract,
express or implied.
A.
Following the conclusion of the hazardous materials
and/or substances incident, the Fire Chief, or his or her designee,
will gather from all departments, fire-fighting, police, emergency
medical and rescue services and/or other City departments or private
industrial entities, corporations or other assisting government agencies
a detailed listing of all known expenses incurred.
B.
Within 10 days of receiving these costs and expenses,
an invoice will be prepared and submitted for payment of said costs
and expenses to the responsible party liable for the expenses as enumerated
under this article. The invoice will be sent by registered or certified
mail, returned receipt requested.
C.
The invoice shall require full payment within 30 days
from the date of mailing or service of said invoice upon the responsible
person. In the event the landowner is determined to be a responsible
party, a lien may be placed against the property for all costs and
expenses incurred, including attorneys' fees, and subject to collection
in the same fashion as ad valorem taxes.
D.
Any questions or challenges to the invoice should
be made prior to the thirty-day full payment requirement to avoid
any legal action by the City of Roseville.
Cost to be recovered under this article shall be those costs and expenses as defined in § 168-3. If the responsible party fails to pay the City of Roseville for costs incurred within 30 days of the date of the invoice sent by the City of Roseville to the responsible party, the City of Roseville may institute legal action to collect the costs due, including expenses, costs and reasonable attorneys' fees incurred to collect those costs.
Nothing in this article shall be construed to
conflict with state or federal laws requiring persons responsible
for causing a release, or threatened release, from engaging in remediation
activities or paying the cost thereof, or both.
The remedies provided by this article shall
be in addition to any other remedies available in equity or at law
and such penalties as provided by law or ordinance.
This article shall be so interpreted and construed
as to effectuate its general purpose to conform to state law. Section
headings and cross references of this article shall not be deemed
to govern, limit, modify or affect in any manner the scope, meaning
or extent of the provision of this article or any section thereof.
All ordinances or parts of ordinances in conflict
herewith are repealed only to the extent necessary to give this article
full force and effect.
If any section, subsection, sentence, clause,
phrase or portion of this article is held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of remaining portions of this article, being
the intent of the City that this article shall be fully severable.
Provisions of this article shall become effective
20 days following adoption.
[Adopted 3-24-2009 by Ord. No. 1219]
A.
This article shall apply to all hazardous materials
which are used, handled, stored, possessed and/or located by businesses
within the City of Roseville. It is hereby determined that:
(1)
Numerous business, industry, research and testing
enterprises within the City engage in the handling, storage, use,
processing and disposal of hazardous materials;
(2)
The public health, safety and welfare of the citizens
may be endangered by the improper handling, storage, use, processing
and disposal of such hazardous materials;
(3)
The surface waters, groundwater and soils within the
City of Roseville are particularly susceptible to damage from the
improper handling, storage, use, processing and disposal of hazardous
materials. Moreover, the expense and difficulty of cleaning up surface
water, groundwater and soils that have been damaged by hazardous materials
makes it imperative that protective measures be taken to limit the
threat of damage from such materials;
(4)
Article IV, Section 52 of the Constitution of the
State of Michigan provides that the conservation and development of
the natural resources of the state is of paramount public concern
in the interest of the health, safety and general welfare of the people;
(5)
The health, safety and welfare of the fire, police
and other emergency service personnel have been in the past, and may
be in the future, endangered because of a lack of complete knowledge
of the types and locations of such hazardous materials;
(6)
Protection for the community is best advanced by business
entities disclosing and reporting the type and location of hazardous
materials located with the City of Roseville with a spirit of mutual
cooperation between the government and business entities, so that
public health, safety and welfare will be achieved.
B.
The intent of this article is to encourage compliance
with the following rules, including any amendments thereto in the
future:
(3)
2003 International Fire Code;
(4)
2003 Michigan Building Code, incorporating the 2000
International Building Code;
(5)
Executive Order 1994-17, Establishment of the State
Emergency Planning and Community Right-To-Know Commission;
(6)
Superfund Amendments and Reauthorization Act of 1986;
SARA Title III, Section 312, Public Law 99-499, codified at 42 U.S.C.
§ 11022.
This article is hereby designated and shall
be referred to as: "Hazardous Materials Disclosure Ordinance."
The following definitions shall apply in the
interpretation of this article:
An employer, person, self-employed individual, trust, firm,
joint stock company, limited-liability company, corporation, partnership
or association. For purposes of this article, households that generate,
store, handle, dispose, treat or recycle hazardous materials of the
kind and in the amounts customary for ordinary households do not constitute
a business.
The person appointed by the Fire Chief of the City of Roseville
or such other person designated to act under the provisions of this
article.
Those chemicals, substances or gases which are a physical
hazard or health hazard, whether the materials are in usable or waste
condition.
No business shall use, handle, store, possess
and/or locate a hazardous material within the City of Roseville without
a hazardous materials disclosure permit issued pursuant to this article.
All businesses shall complete and file at least one of the following
applications with the Fire Marshal:
A.
Permit waiver affidavit. Businesses which report that
they do not have hazardous substances shall file a waiver affidavit
with the Fire Marshal. Businesses who report that they are exempt
from this article are subject to random inspections by the Fire Marshal.
B.
Annual permit. Businesses which report that they have
hazardous substances shall file a permit application with the Fire
Marshal. The permit shall be valid for one year and renewed annually
prior to expiration.
(1)
Application forms promulgated by the Fire Marshal
shall include, but not be limited to, the name and amount of all hazardous
materials that the business uses, handles, stores, possesses and/or
locates on site.
(2)
In addition to completing the necessary application
forms promulgated by the Fire Marshal, businesses which have hazardous
substances shall provide a copy, 8 1/2 inches by 11 inches in
size, of the site plan and/or floor plan showing where various items
are located at the site, such as hazardous materials, utility emergency
shutoffs, fire hydrants, sanitary sewer and storm sewer locations
and related information.
No business shall use, handle, store, possess
and/or locate a hazardous material in quantities which meet or exceed
the threshold amounts listed in the Department of Consumer and Industry
Services, Michigan Office of Fire Safety Bulletin No. 9 ("Fire Department
Hazardous Material Emergency Planning Responsibilities-Attachment
B") within the City of Roseville without having first filed a hazardous
materials management plan (HMMP) with the Fire Marshal. The approved
HMMP shall be followed at all times, including in the event of any
spill, discharge, seepage, runoff or leakage of any hazardous materials.
A.
In general, major elements of the HMMP include:
B.
A pollution incident prevent plan (PIPP) expressly
approved by the Waste Management Division (WMD) within the Michigan
Department of Environmental Quality (MDEQ), under the authority of
Part 31 of the Natural Resources and Environmental Protection Act,
1994, PA 451, as amended (Act 451),[1] shall be deemed to comply with the requirements of this
section.
[1]
Editor's Note: See MCLA 324.3101 et seq.
C.
The HMMP shall be valid for five years and renewed
prior to expiration. However, an updated HMMP shall be filed for review
and approval by the City of Roseville whenever there is a change in
the use, handling or storage of hazardous materials.
The following substances are excluded from the
hazardous material reporting requirements:
A.
The quantities of alcoholic beverages, medicines,
foodstuffs, cosmetics and consumer or industrial products containing
not more that 50% by volume of water-miscible liquids, and with the
remainder of the solutions not being flammable, in retail or wholesale
sales occupancies, are unlimited when packaged in individual containers
not exceeding 1 3/10 gallons (five liters).
B.
Applications and release of pesticide and agricultural
products and materials intended for use in weed abatement, erosion
control, soil amendment or similar applications when applied in accordance
with the manufacturer's instructions and label directions.
C.
The off-site transportation of hazardous materials
when in accordance with Michigan Department of Transportation regulations.
D.
Building materials not otherwise regulated by the
2003 International Fire Code and amendments thereto.
E.
Refrigeration systems.
F.
Stationary lead-acid batteries used for facility standby
power, emergency power or uninterrupted power supply, as regulated
by Section 608 of the International Fire Code and any amendments thereto.
G.
The display, storage, sale or use of fireworks and
explosives in accordance with Chapter 33 of the 2003 International
Fire Code and any amendments thereto.
H.
Corrosives utilized in personal and household products
in the manufacturer's original consumer packaging in Group M occupancies.
I.
The storage of distilled spirits and wines in wooden
barrels or casks.
The Fire Marshal shall maintain a database which
includes the permit status of all businesses subject to this article.
The Fire Marshal shall also maintain a map, showing where businesses
regulated by this article are located, for public review.
The Fire Marshal shall inspect all structures
and premises utilized by employers as often as may be necessary for
the purpose of verifying the accuracy of the information provided
under this article and ascertaining whether there exist any violations
of this article or any other federal or state statutes, rules or regulations
or local ordinances relating to the use, storage, handling or disposal
of hazardous materials. In those cases where the Fire Marshal observes
or otherwise discovers violations of federal or state statutes, rules
or regulations relating to the use storage, handling or disposal of
hazardous materials, such violations shall be reported to the appropriate
federal or state agency authorized to enforce such statute, rule or
regulations. In addition, the Fire Marshal may request the City Attorney,
upon proper authorization, to commence the appropriate legal proceedings
to ensure compliance with this article.
Businesses subject to this article shall pay
a permit fee to the City of Roseville sufficient to cover the implementation
of this article, including expenses incurred by the Fire Marshal and
his staff. The amount of the permit fee shall be established by resolution
of the City Council and shall be amended as necessary by the City
Council. Businesses that are delinquent in filing a permit application,
paying the permit fee, or both, shall be subject to late fees as established
by resolution of the City Council.
It shall be unlawful for a party or any owner,
officer, director or employees of a business to fail to comply with
the provisions of this article or to misrepresent, falsify, conceal,
destroy or fail to retain information necessary to comply with this
article. The dissolution of a business shall not discharge its owners,
officers, directors or employees from liability for such conduct.
Any person, persons or entity violating any of the provisions of this
article shall be guilty of a misdemeanor and, upon conviction therefor,
shall be punished by a fine of not more than $500 and costs of prosecution
or by imprisonment for not more than 93 days, or by both fine and
costs and imprisonment, at the discretion of the court.
All ordinances or parts of ordinances in conflict
herewith are repealed only to the extent necessary to give this article
full force and effect.
If any article, section, subsection, sentence,
clause, phrase or portion of this article is held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of remaining portions of the ordinance, being
the intent of the City that this article shall be fully severable.
Provisions of this article shall become effective
20 days following adoption.
