[Adopted 2-25-2015 by Ord. No. 317 as Ch. 7, Art. II, of the 2015 Pittsfield
Charter Township Code; amended in its entirety 4-27-2016 by Ord. No. 323]
This article is enacted to ensure the responsible party for
an environmental incident resulting from an unauthorized release of
hazardous substances is liable for cleanup of the affected area as
well as recoverable expenses incurred by the Township in response
to, and cleanup of, the environmental incident.
The following words, terms and phrases, when used in this article,
shall have the following meanings, except where the context of the
article clearly indicates a different meaning:
One or more of the following:
"Hazardous substance" as defined in Part 201, Environmental
Remediation, of the Natural Resources and Environmental Protection
Act, MCL 324.20101(1).[1]
"Hazardous waste" as defined in Part 111, Hazardous Waste Management,
of the Natural Resources and Environmental Protection Act, MCL 324.11101
et seq.
"Liquid industrial by-product" as defined in MCL 324.12101(n).[2]
"Petroleum" as defined in Part 213, Leaking Underground Storage
Tanks, of the National Resources and Environmental Protection Act,
MCL 324.21301a et seq.
A chemical or other material which is, or may become, injurious
to public health, safety or welfare of the environment.
Includes, but is not limited to, any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping or disposing of a hazardous substance into the environment
or the abandonment or discarding of barrels, containers and other
closed receptacles containing a hazardous substance.
Any individual, sole proprietorship, partnership, joint venture,
trust, firm, joint stock company, corporation including government
corporation, association, local unit of government, commission, the
state, a political subdivision of the state, an interstate body, the
federal government, a political subdivision of the federal government
or any other legal entity that owns, uses, controls, leases, accepts
for transport, storage, treatment or disposal, any hazardous substance
released into the environment or ignited by unauthorized burning.
A.
If
a responsible party does not or cannot perform such environmental
incident cleanup in a reasonable time, the Director of Public Safety
or Director's designee of the Township shall perform or cause
to be performed a cleanup of the environmental incident. The responsible
party shall be financially responsible for any and all recoverable
expenses.
B.
All
responsible parties are jointly and severally liable for, and shall
be required to reimburse the Township for, all costs incurred in responding
to a release of hazardous substances, including, but not limited to:
(1)
Costs or expenses incurred by the Township Fire and Police Departments,
public service departments, hazardous response teams and other public
safety officials and/or any other departments or agencies contracted
by the Township to supply services, including all actual expenses
attributable to the response, control, or abatement of any hazardous
substances release or threatened release, including costs of equipment
operations and personnel, costs of materials utilized, meals for all
personnel involved in the incident, costs of specialists, medical
expenses for exposure, injuries or illnesses resulting from an incident,
experts or other contract labor, costs incurred by other area fire,
police or hazardous material response teams requested through mutual
aid agreements with the Township or its agents, if any, and any other
incidental costs incurred by the Township as a result of the release.
(2)
Other expenses incurred by the Township or its agents in responding
to the hazardous substances release, including but not limited to
rental or purchase of machinery, equipment, labor, consultants, legal
and engineering fees, medical and hospitalization costs and the replacement
costs related to disposable personal protective equipment, extinguishing
agents, supplies and water purchased from municipal water systems.
(3)
Charges to the Township or its agencies imposed by any local, state
or federal government entities related to hazardous substances.
(4)
Costs incurred in accounting for all hazardous substance release
and related expenditures, including billing and collection costs and
attorney fees.
The Township may pursue any legal remedy or may initiate any
appropriate action or proceeding as provided by law to collect charges
imposed under this article. The recovery of charges imposed under
this article does not limit liability of responsible parties under
local ordinances or state or federal laws, rules or regulations.
A person or entity deemed to be a responsible party under this article may appeal the determination as set forth in Article IV, Appeals, of this chapter.