[Adopted 11-23-2009 by Ord. No. 2009-11-23]
As used in this article, the following terms shall have the meanings indicated:
HAZARDOUS MATERIAL
Any material that, because of its quality, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health or safety or to the environment if released into a workplace or the environment. Hazardous materials include, but are not limited to, explosives, radioactive materials, medical waste, flammable solids, solid poisons, oxidizing or corrosive materials, cryogenic materials, compressed gases, any substance that is classified by the National Fire Protection Association (NFPA) as a flammable liquid, a Class II combustible liquid, or a Class III-A combustible liquid, and any material which the Fire Chief has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into a workplace or the environment. Hazardous materials also include a waste or combination of wastes which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may either cause, or significantly contribute to, an increase in mortality or an increase of serious or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
[Amended 10-15-2019 by Ord. No. 2019-10-15 B]
The Fire Chief is authorized to assess fees whenever the Fire Department is caused to respond to any location to mitigate the effects of a hazardous material spill, release, or other incident. Said fees are to be assessed as follows:
A. 
Hazmat team response: $750.
B. 
Other personnel: contract hourly rate, plus 70%. Other personnel-related expenses: cost of medical evaluation and/or treatment of personnel necessitated by exposure to hazardous material.
C. 
Equipment:
(1) 
First hour: flat rate of $600 for all apparatus, plus cost of materials. Each additional hour: hourly rate as follows:
(a) 
Aerial device: $350.
(b) 
Ambulance: $300.
(c) 
Brush truck: $250.
(d) 
Command vehicle: $300.
(e) 
Engine company: $300.
(f) 
Tanker: $250.
(2) 
Replacement of any damaged equipment, including firefighter turnout gear, damaged while at response, and any materials used to recover and clean up the spill or release.
Hazardous materials response fees will not be imposed for spills requiring a response from the Fire Department that result in only a negligible cost to the Town; for example, use of motor fuel only to respond and no additional personnel costs.
Any person aggrieved by the imposition of fees under this article may appeal, in writing, the imposition of such fees to the Town Administrator. Any person who does not receive a decision on such appeal within 60 days of filing a written appeal with the Town Administrator or who is aggrieved by the Town Administrator's decision may appeal to the Town Council.
[Amended 10-15-2019 by Ord. No. 2019-10-15 B]
All fees collected under this article shall be placed in a restricted account within the Fire Department and utilized to offset costs associated with equipment and training within the hazardous materials field.