Township of Pittsfield, MI Article I Hazardous Substances Response Cost Recovery

[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]

§ 7-1 Purpose.

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.

§ 7-2 Definitions.

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:

HAZARDOUS SUBSTANCE

One or more of the following:

A. "Hazardous substance" as defined in Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act, MCL 324.20101(1).[1]

B. "Hazardous waste" as defined in Part 111, Hazardous Waste Management, of the Natural Resources and Environmental Protection Act, MCL 324.11101 et seq.

C. "Liquid industrial by-product" as defined in MCL 324.12101(n).[2]

D. "Petroleum" as defined in Part 213, Leaking Underground Storage Tanks, of the National Resources and Environmental Protection Act, MCL 324.21301a et seq.

E. A chemical or other material which is, or may become, injurious to public health, safety or welfare of the environment.

RELEASE

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.

RESPONSIBLE PARTY

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 7-3 Charges imposed upon responsible party.

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.

§ 7-4 Collection of charges imposed.

A. Subsequent to the release of a hazardous substance, the Director of Public Safety or Director's designee of the Township shall prepare and cause to be delivered an invoice of the charges imposed by § 7-3 to the responsible party or parties for payment.

B. The responsible parties shall reimburse the Township for charges set forth in the invoice within 30 days of the date of invoice or mailing date, whichever is later. Any amount remaining unpaid 30 days after the payment due date shall be referred for collection as outlined in § 7-5.

§ 7-5 Other remedies.

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.

§ 7-6 Right to appeal.

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.