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:
(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.