[Adopted 4-24-1995 by Ord. No. 14-95 (Ch. 98, Art. II, of the 1972 Code)]
As used in this article, the following terms shall have the meanings indicated:
ETIOLOGICAL AGENTS
A viable microorganism or its toxin which causes or may cause human disease. These include, but are not restricted to, anthrax, rabies, tetanus, botulism, polio and AIDS specimens as per the Department of Transportation Guide Book.
EXPENDABLE ITEMS
Any items used to administer first aid to victims or emergency personnel or to extinguish any fire or stop or contain any leak or spill or disposal involving any hazardous material or etiological agent which cannot be reused or cannot be replenished without cost after that particular fire, leak, spill or disposal of any hazardous material or etiological agent. These include but are not restricted to fire-fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment, to include but not be restricted to acid suits, acid gloves, goggles and protective clothing, cots, blankets and stretchers.
HAZARDOUS MATERIAL
Any substance which, by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating, or otherwise harmful, is likely to cause death or injury (National Fire Protection Association).
NONEXPENDABLE ITEMS
Any devices or vehicles used in the emergency operations to administer first aid, extinguish any fire or stop or contain any leak or spill or disposal involving any hazardous material or etiological agent which could normally be reused or replenished without cost but cannot due to said fire, leak, spill or disposal of any hazardous material or etiological agent. These include but are not restricted to fire apparatus, ambulances, trucks, loaders or electronical equipment.
PROPERTY OWNER
Any business, company, corporation or private individual, registered or unregistered, who manufactures, stores or sells any hazardous material or etiological agent.
VEHICLE
Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, tanker trucks, construction equipment and farm machinery.
VESSEL
Any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material or etiological agent.
A. 
This article provides for the replacement or reimbursement for the specialized and sometimes nonreusable equipment required by state and federal regulations to be made available in the Township in case of fire, leakage or spillage or disposal involving any hazardous material or etiological agent.
B. 
This article entitles the Township of Jackson to reimbursement for any expendable and nonexpendable items used by the Township, including emergency management, or first aid squad or any of its fire districts in extinguishing any fire, stopping or containing any leak or controlling any spill or disposal of hazardous material or etiological agent.
The following shall be responsible for said reimbursement:
A. 
The owner or operator of any vehicle responsible for any fire, leak, spill or disposal of hazardous material or etiological agent.
B. 
The owner or person responsible for any vessel containing hazardous material or etiological agent involved in any fire, leak, spill or disposal on public or private property, whether stationary or in transit, whether accidental or through negligence.
C. 
The owner or person responsible for any property from which any leak, spill or disposal of hazardous material or etiological agent emanates, whether accidental or through negligence.
D. 
Any person responsible for any fire, leak, spill or disposal of hazardous material or etiological agent on public or private property, whether accidental or through negligence.
Any person or company responsible for any fire, leak, spill or disposal involving a hazardous material or etiological agent must provide reimbursement for services rendered by any recovery company, towing company or other technical assistance called for by the Township of Jackson, first aid squad or fire districts to handle such incident.
Any person, owner or company responsible for any fire, leak, spill or disposal of hazardous material or etiological agent shall reimburse the Township of Jackson, who shall in turn reimburse the first aid squad or fire districts, for the full price of any expendable or nonexpendable items used to extinguish such a fire, stop or contain such a leak, control such a spill or for removal of such disposed items within a period of 45 days after receipt of a bill for such items from the appropriate Township agency, first aid squad or fire district.
Any person, owner or company responsible for any fire, leak or spill of hazardous material or etiological agent who fails to reimburse the Township, first aid squad or the appropriate fire district within the time set forth in this article shall be subject to a fine of not less than $1,000 or to imprisonment for a period of not more than 90 days.
All reimbursements collected for hazardous material or etiological agents incidents shall be paid to the Township, who shall reimburse the appropriate Township agency. A record of all such funds shall be maintained by the appropriate Township agency, first aid squad or fire district.