[HISTORY: Adopted by the Board of County
Commissioners of Queen Anne's County 6-26-2007 by Ord. No. 07-17;
amended in its entirety 10-14-2014 by Ord. No. 14-15. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Environmental protection — See Ch. 14.
This chapter shall hereafter be referred to as the "Hazardous
Materials Chapter."
A.
The
purpose of this chapter is to provide for cost recovery for response
and recovery efforts related to hazardous materials incidents; providing
for liability for costs; and providing for collection and disbursement
of funds for cost recovery, thereby supporting those agencies providing
the necessary services. In providing this service the County will
be protecting the citizens, property and employees of Queen Anne's
County and the municipalities therein from the health hazards and
other risks resulting from releases or incident to the use, storage,
distribution, possession or transportation of hazardous substances.
B.
This
chapter is enacted pursuant to the enabling powers conferred by the
Annotated Code of Maryland, Article 25A, § 5(A), (B), (J)
and (T); Public Safety Article; Courts and Judicial Proceeding Article,
§§ 3-1101 thru 3-1207; and the Environment Article
of the Code. This chapter is not intended to supersede state responsibility
and authority in the subject matters covered by this article.
For the purposes of this chapter, the following definitions
shall be used:
Any buildings, structures, accessory structures, installation,
equipment, pipe or pipeline (including any pipe into a sewer or publicly
owned treatment works), well, pit, lagoon, impoundment, ditch, landfill,
storage container and other stationary items which are located on
a single site or a contiguous or adjacent site which are owned, occupied
or operated by the same person or entity and which manufacture, produce,
use, import, export, store, supply or distribute any hazardous material.
Any emergency response unit owned and operated by Queen Anne's
County or any volunteer fire department of Queen Anne's County
that meets or exceeds the requirements for a FEMA Type III team or
higher as outlined in the FEMA Resource Typing Documents.
Any substance designated pursuant to Section 9601(14) of the
Comprehensive Environmental Response, Compensation and Liability Act
of 1980 (CERCLA) [42 U.S.C. § 9601(14)], as amended, and
regulations enacted pursuant thereto, the Environmental Protection
Agency or the Maryland Department of Environment; or
Gas, as defined by Maryland Annotated Code (herein, "the Code")
Environment Article, § 14-102, as amended; or
Oil, as defined by the Code, Environment Article, § 14-102,
as amended; or
Motor fuel, as defined by the Code, Business Regulation Article,
§ 10-101, as amended; or
Low-level nuclear waste.
"Hazardous substance" does not include fly ash, bottom ash,
slag, and other by-products generated from the combustion of fossil
fuels.
An individual, corporation, firm, association, partnership,
joint venture, commercial entity, public utility, trust, estate, public
or private institution, group, agency, political subdivision and any
legal successor, representative or agency of the foregoing.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping or disposing into
the environment of a hazardous substance, including but not limited
to the abandonment or discarding of barrels, containers and other
receptacles containing a hazardous substance. "Release" does not include
a discharge permitted by state or federal law.
Those actions taken to prevent or minimize the release of
hazardous substances, including but not limited to storage, confinement,
neutralization, cleanup of hazardous substances or associated contaminated
materials, recycling, destruction, perimeter protection, segregation
of reactive wastes, repair or replacement of damaged or leaking containers,
collection of leachate and runoff, on-site treatment or incineration,
provision of alternate water supplies and any monitoring reasonably
required to assure that such actions taken protect the public health
and welfare and the environment.
All reasonable and necessary costs incurred to remove, contain,
or otherwise mitigate the effects of a hazardous material incident,
including, but not limited to the following:
Disposable materials and supplies acquired, consumed and expended
specifically for the purpose of the response to the hazardous substance
release, at actual cost of replacement.
Rental or leasing of equipment used specifically for the response;
for example, protective equipment or clothing and scientific and technical
equipment.
Replacement costs for equipment that is contaminated beyond
reuse or repair during the response, including, by way of illustration
and not limitation, self-contained breathing apparatus, protective
equipment or clothing and scientific and technical equipment irretrievably
contaminated during the response.
A surcharge related to the depletion of the useful life of any
equipment, materials or supplies with a limited useful life span.
Decontamination of equipment contaminated during the response.
Total compensation associated with the response, including but
not limited to benefits (FICA, insurance) for:
Special technical services specifically required for the response;
for example, costs associated with the time, equipment and efforts
of technical experts or specialists.
Any tests to determine the physical, chemical or biological
properties of the released items and monitoring the site and adjoining
areas.
Other special services, including but not limited to utilities
specifically required for the response.
Costs associated with the services, including housing and cost
of care, supplies and equipment used to conduct an evacuation during
the response.
Costs associated with the disposal and/or storage of materials.
Indirect costs such as administrative and legal costs may be
included. Administrative costs shall include but not be limited to
preparation of documentation, reports, invoices or other items required
by this chapter. Administrative costs shall be billed at the hourly
rate based on the certification level of the person(s) completing
the documentation. All legal fees shall be invoiced at the actual
cost billed to the County and/or fire department.
The term "responsible person" shall have the meaning set
forth in § 7-201 of the Environment Article of the Annotated
Code of Maryland as the same may be amended from time to time.
A unit that contains at least the minimum equipment listed
in the apparatus standards of the Queen Anne's County Fire and
EMS Commission.
A.
The
County Commissioners of Queen Anne's County with the advice of
the Department of Emergency Services (herein "DES"), Emergency Management
Division and the Queen Anne's County Fire EMS Commission shall
have the authority by resolution to establish or modify rates to be
charged for response costs under this chapter.
B.
Initial
costs shall be established by levels of response as follows:
(1)
Level 1 Response —Primary Fire Department, DES and/or HazMat
Unit response — incident involving 10 gallons or less without
exposure to waterway or drainage systems (including ditches).
(2)
Level 2 Response — Primary Fire Department, DES and/or HazMat
Unit response — incident involving 10-25 gallons spill without
exposure to waterway or drainage systems (including ditches).
(3)
Level 3 Response — Primary Fire Department, DES and/or HazMat
Unit response — incident involving 20 - 50 gallons spill with
or without exposure to waterway or drainage systems (including ditches).
(4)
Level 4 Response — Primary Fire Department, DES and/or HazMat
Response Unit and/or Decontamination Unit — 50 gallons or more
spilled with or without exposure to waterway or drainage (including
ditches); any leak from a box truck; truck tanker overturned and/or
leaking; overturned tractor trailer; any incident requiring drilling
of tanks, pump off of any product; industrial toxic gas and/or chemical
leak; all rail car leaks; any incident that does not fit in either
Levels 1-3.
A.
Any
responsible party who causes a hazardous material release, whether
intentionally or negligently, shall be liable for the payment of all
reasonable and necessary costs incurred by Queen Anne's County,
including all costs of response action incurred by a volunteer fire
and ambulance company, and all costs of response action incurred by
a volunteer ambulance company for response and remediation of such
an incident.
B.
There
shall be a presumption that any person who owns and/or has a present
possessory interest in any private property on which any release of
a hazardous substance occurs has permitted or allowed the release.
A.
Any
Queen Anne's County Volunteer Fire Company or Queen Anne's
County shall be permitted to invoice the responsible person or company
directly or by the use of a third-party billing service.
B.
Queen
Anne's County DES and Volunteer Fire and/or Ambulance Companies
should submit an invoice and supporting documentation identifying
eligible costs under this chapter to the responsible person or company
within 15 business days after the incident is closed. Submitted invoices
must include sufficient documentation for cost reimbursement to include
a Maryland Department of the Environment (MDE) spill report and the
reports of the responding fire department(s) and/or DES. Copies of
personnel certifications and on-scene duties performed by all personnel
involved in the incident, as well as audits and justifications, copies
of time sheets for specific personnel, copies of bills for materials,
equipment and supplies procured or used, etc., shall be maintained
by the primary fire department, DES or the hazardous materials unit
for review).
A.
The
Volunteer Fire Company or the County may enforce these provisions
by civil action in a court of competent jurisdiction for the collection
of any amounts due hereunder plus administrative collection costs,
attorneys' fees, or for any other relief that may be appropriate.
B.
This
section shall not prohibit the Volunteer Fire Company or the County
from pursuing any other remedy, whether civil or criminal, or from
instituting any appropriate action or proceedings, including injunction
in a court of competent jurisdiction, nor shall the recovery of expenses
under this chapter in any way release the various parties, or limit
them, from further legal liability incurred as a result of hazardous
material cleanup or abatement as defined under any local, state or
federal rule or regulation.
C.
The Volunteer Fire Company or the County may retain the services
of a third party to collect any invoices that remain unpaid after
60 days from the date of the invoice. Fees assessed by the third party
to collect the debt shall be paid by the invoiced responsible person.
Whenever the requirements or provisions of this chapter are
in conflict with the requirements or provisions of any other law,
the more restrictive requirements shall apply.
