[Ord. No. 77,
§ 20A, eff. 3-12-1982]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping or disposing into
or upon the environment, which causes danger or harm to the public
health or to the environment, including but not limited to the release
of any hazardous material as defined in this section.
All of the activities conducted by the township in order
to prevent or mitigate injury to human health or to the environment
from a discharge or threatened discharge of any hazardous material
into or upon the environment, the fighting of a fire intentionally
set or the response to a false alarm.
Any material(s) classified as hazardous by any federal regulation
or legislation, state legislation or regulation, or any township ordinance,
including but not limited to the following:
Any substance listed in the list of toxic pollutants found in
40 CFR § 401.15, as amended.
Any compressed gas, explosive, flammable liquid, flammable solid,
oxidizer, poison, or radioactive material. As used in this section,
the following terms shall have the following meanings:
CFRThe Code of Federal Regulations. The numbers immediately preceding and immediately following the initials CFR shall refer to the volumes, divisions and sections used to identify parts of the Code of Federal Regulations.
COMPRESSED GASAny substance regulated as a compressed gas by the United States Department of Transportation, by regulations found in 49 CFR § 173.300.
EXPLOSIVEAny substance regulated as a class A or class B explosive by the United States Department of Transportation by regulations found in 49 CFR §§ 173.53 and 173.88.
FLAMMABLE LIQUIDAny substance regulated as a flammable liquid by the United States Department of Transportation by regulations found in 49 CFR § 173.115.
FLAMMABLE SOLIDAny substance regulated as a flammable solid by the United States Department of Transportation by regulations found in 49 CFR § 173.150.
OXIDIZERAny substance regulated as an oxidizer by the United States Department of Transportation by regulations found in 49 CFR § 173.151.
POISONA liquid or gas that is life threatening when mixed with air in small amounts, and shall also include all those substances regulated as poison class A by the United States Department of Transportation by regulations found in 49 CFR § 173.326.
RADIOACTIVE MATERIALAny substance required by the United States Department of Transportation to have type A packaging or other special protection or closed transport vehicles, under regulations found in 49 CFR § 173.425.
Any of the following: explosive, pyrotechnics, flammable gas,
flammable compressed gas, nonflammable compressed gas, flammable liquid,
oxidizing material, any flammable material, poisonous gas, poisonous
liquid, irritating material, material that causes diseases in humans,
gas under such pressure that an explosion hazard exists, radioactive
material, corrosive material, or liquefied petroleum gas.
Any substance designated as a hazardous substance pursuant to
section 311(b)(2)(A) of the Federal Water Pollution Control Act found
at 33 USC § 1321(b)(2)(A).
Any element, compound, mixture, solution, or substance designated
by the United States Environmental Protection Agency (EPA) pursuant
to the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, section 102 (CER-CLA), found at 42 USC § 9602.
Any hazardous waste having the characteristics identified under
or listed pursuant to section 3001 of the Solid Waste Disposal Act
(commonly known as the Resource Conservation and Recovery Act "RCRA"),
found at 42 USC § 6921.
Any toxic pollutant listed pursuant to section 307(a) of the
Federal Water Pollution Control Act, found at 33 USC § 1317(a).
Any hazardous air pollutant listed pursuant to section 112 of
the Clean Air Act, found at 42 USC § 7412.
Any imminently hazardous chemical substance or mixture with
respect to which the administrator of the EPA has taken action pursuant
to section 7 of the Toxic Substances Control Act, found at 15 USC
§ 2606. This term includes petroleum, including crude oil
or any fraction of crude oil which is not otherwise specifically listed
or designated as a hazardous substance under this article, and also
includes, if stored, natural gas, natural gas liquids, liquefied natural
gas, or synthetic gas usable for fuel (or mixtures of natural gas
and such synthetic gas). Hazardous materials shall include radioactive
materials and isotopes, and explosives.
Includes an individual, partnership, joint venture, trust,
firm, joint stock company, corporation including a government corporation,
association, local unit of government, commission, state, political
subdivision of the state, an interstate body, federal government,
a political subdivision of the federal government or any other legal
entity.
Includes but is not limited to those expenses incurred by
the township that are reasonable, necessary and allocable to the emergency
action. Expenses allowable for recovery shall include but are not
limited to the following:
Apparatus and manpower charges as established by the county
fire chiefs' association dated April 1989, and as may be modified
from time to time hereafter.
Disposable materials and supplies acquired, consumed and expended
specifically for the purpose of the emergency action.
Additional compensation of employees for the time and efforts
devoted specifically to the emergency action.
Rental or leasing of equipment used specifically for the emergency
action (such as protective equipment or clothing, scientific and technical
equipment).
Replacement costs for equipment owned by the township that is
contaminated beyond reuse or repair if the equipment was a total loss
and the loss occurred during the emergency action (such as self-contained
breathing apparatus irreparably contaminated during the response).
Decontamination of equipment contaminated during the response.
Special technical services specifically required for the response
(such as costs associated with the time and efforts of technical experts
or specialists not otherwise provided for by the township).
Other special services specifically required for the emergency
action.
Laboratory costs of analyzing samples taken during the emergency
action.
Costs of cleanup, storage or disposal of the release material.
Costs associated with the services, supplies and equipment procured
for a specific evaluation.
Medical expenses incurred as a result of response activities.
Legal expenses that may be incurred as a result of the emergency
action, including efforts to recover expenses pursuant to this article.
Any imminent or impending event potentially causing but not
resulting in a discharge, but causing the township to undertake an
emergency action.
[Ord. No. 77,
§ 20A, eff. 3-12-1982]
(a)
All persons causing or contributing to a discharge or threatened
discharge of hazardous materials which results in an emergency action
by the township shall be responsible to the township for the recoverable
expenses resulting from such action. Such responsibility shall be
in addition to any and all penalties and/or remedies provided by law.
Liability imposed under this article for discharge or threatened discharge
of hazardous wastes shall be strict and without regard to fault.
(b)
All persons causing or contributing to the intentional setting of
a fire that results in an emergency action by the township shall be
responsible to the township for the recoverable expenses resulting
from such action. Such responsibility shall be in addition to all
penalties and/or remedies provided by law.
(c)
All persons causing or contributing to the setting of a false alarm
which results in an emergency action by the township shall be responsible
to the township for the recoverable expenses resulting from such action.
Such responsibility shall be in addition to all penalties and/or remedies
provided by law. For purposes of this section, the term "false alarm"
means a communication, by whatever form, to the township requesting
response to a nonexistent emergency condition resulting in the expenditure
of recoverable expenses as herein defined.
[Ord. No. 77,
§ 20A, eff. 3-12-1982]
(a)
The reimbursement of recoverable expenses by persons causing or contributing
to a discharge or threatened discharge of hazardous materials, the
intentional setting of fires or for false alarms, shall be provided
in accordance with this section.
(b)
Township personnel and departments involved in an emergency action
shall keep an itemized record of recoverable expenses resulting from
an emergency action. Promptly after completion of an emergency action,
the appropriate township department shall certify those expenses to
the township clerk.
(c)
The township shall submit a written itemized claim for the total
expenses incurred by the township for the emergency action to the
responsible persons and a written notice that unless the amounts are
paid in full within 30 days after the date of mailing the claim and
notice, the township will institute the appropriate legal proceeding
to recover such amounts.
[Ord. No. 77,
§ 20A, eff. 3-12-1982]
It shall be unlawful for any person to cause or contribute to
a discharge or threatened discharge of hazardous material to intentionally
set a fire or to intentionally turn in a false alarm that results
in an emergency action by the township.
[Ord. No. 77,
§ 21, eff. 3-12-1982]
Any person who shall violate a provision of the BOCA National Fire Prevention Code/1981, shall be guilty of a misdemeanor and upon conviction thereof may be punished as provided in section 1-11.
