[Code 1974, § 120-2]
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 structure used or intended for supporting or sheltering
any use or occupancy.
The providing, sending and/or utilizing of police, firefighting,
emergency medical, and rescue services by the Township, or by a private
industrial entity, corporation, or other assisting government agency
operating at the request or direction of the Township or state, for
an incident resulting in a hazardous materials release or threatened
release.
The direct and reasonable costs incurred by the Township,
or by a private person, corporation, or other assisting government
agency, which is operating at the request or direction of the Township,
when making an emergency response to the hazardous materials incident,
including the costs of providing police, firefighting, rescues services,
emergency medical services, containment, and abatement of all hazardous
conditions at the scene of the incident. The costs further include
all salaries and wages of Township personnel responding to the incident,
salaries and wages of Township personnel engaged in the investigation,
supervision, and report preparation regarding such incident, all salaries
and wages of personnel of assisting government agencies operating
at the request or direction of the Township, and all costs connected
with the administration of the incident relating to any prosecution
of the person responsible, including those relating to the production
and appearance of witnesses at any court proceedings in relation thereto.
Costs shall also include such items as disposable materials and supplies
used during the response to such incident, the rental or leasing of
equipment used for the specific response, replacement of equipment
which is contaminated beyond reuse or repair during the response to
such incident, special technical services and laboratory cost, and
services and supplies purchased for any specific evacuation relating
to such incident.
Explosives, pyrotechnics, flammable compressed gases, flammable
liquids, combustible liquids, oxidizing materials, poisonous gases,
poisonous liquids, poisonous solids, irritating materials, etiological
materials, radioactive materials, corrosive materials, or liquefied
petroleum gases.
Any person having a vested or contingent interest in the
property, premises, container, or vehicle involved in the hazardous
materials incident, including, but not limited to, any duly authorized
agent or attorney, purchaser, devisee, or fiduciary of such person
having such vested or contingent interest.
Any lot or parcel of land, exclusive of building, and includes
a parking lot, tourist camp, trailer camp, airport, stockyard, junkyard,
wharf, pier, public roadway, and any other place or enclosure, however
owned, used or occupied.
Any mode which is used as an instrument of conveyance, including,
but not limited to, motor vehicles, railroads, boats, aircraft, etc.
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Cross reference: Definitions generally, § 1-2.
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[Code 1974, § 120-1]
The Township finds that a significant potential exists for police
and Fire Department responses to incidents involving the release or
threatened release of hazardous materials. Such incidents create a
great likelihood of personal injury and/or property damage. The control
and abatement of such incidents places a significant financial and
operational burden upon a Township's police, firefighting, rescue
and emergency medical services. The Township finds that this article
is necessary to establish the liability for such incidents and to
establish a policy and methods which will allow the Township to seek
recovery of Township costs associated with emergency responses to
hazardous material incidents.
[Code 1974, § 120-3]
(a)
If Township employees are dispatched to a hazardous materials incident,
the Township employee in charge shall notify the responsible parties,
including appropriate state and federal agencies, as soon as possible.
Township personnel shall make efforts to limit the Township's
action to those necessary to address dangers from fire or the imminent
threat of fire or the imminent threat from any hazardous material
and necessary evacuation of affected persons.
(b)
Except for procedures necessitated by fire or the imminent threat
of fire resulting from a hazardous materials incident, Township officials
are not authorized to incur any obligations, financial or otherwise,
to the Township in regards to the mitigation of impacts resulting
from a hazardous materials incident.
(c)
All Township personnel shall take appropriate steps for a hazardous
materials response that conforms to their level of training and as
appropriate to the supplies and equipment to them, in accordance with
established protocols and procedures.
[Code 1974, § 120-4]
(a)
Person responsible. The owner, operator, occupant, or other person
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 materials
on or about such building, premises, property, and/or vehicle shall
be required to reimburse the Township for all expenses of an emergency
response to such hazardous materials incident.
(b)
Charge against person. The expense of an emergency response shall
be a charge against the person liable for the expenses under this
article. The charge constitutes a debt of that person and is collectible
by the Township in the same manner as an obligation under contract,
express or implied.
(c)
Cost recovery schedule. The Township Board may by resolution adopt
a schedule of the costs included within the expense of an emergency
response. This schedule shall be available at the office of the Township
Clerk for inspection by the public during regular office hours.
(d)
Billing. The Township may within 10 days of receiving itemized costs,
or any part thereof, incurred for an emergency response submit a bill
for these costs by first-class mail or personal service to the person
liable for the expenses as enumerated under this article. The bill
shall require full payment within 30 days from the date of mailing
or service of such bill upon the responsible person.
(e)
Failure to pay; procedure to recover costs. Any failure by the person
described in this article as liable or responsible for expenses of
an emergency response to pay such bill within 30 days of mailing or
service of the bill shall constitute a default on such bill. In case
of default, the Township shall have the right and power to add all
emergency response costs to the tax roll of such property involved
in the hazardous materials incident and to levy and collect such costs
in the same manner as provided for the levy and collection of real
property taxes against such property or premises. The Township shall
also have the right to bring action in a court of competent jurisdiction
to collect such costs if the Township deems such action to be necessary.
