[HISTORY: Adopted by the City Council of the City of Bridgman
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-16-2007 by Ord. No. 165]
The purpose of this article is to enable the City to require
reimbursement from those individuals and property owners receiving
direct benefits from emergency police or fire protection services
provided by the City Police and Fire Departments and, to the extent
permitted by law, from those responsible for the leaking, spilling
or escape of dangerous or hazardous substances or materials, thereby
requiring cleanup and disposal by the City or its agents.
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 material or substance that has been identified by City,
state or federal laws or regulations to be limited to such substances
as chemicals and gases, explosives, radioactive materials, petroleum
products or gases, poisons, etiologic (biologic) agents, flammables
and corrosives, or substances that are obnoxious by reason of odor,
spillage, leakage or other release from their containers. Specifically,
hazardous substance includes hazardous chemicals as defined by the
State Department of Public Health and the State Department of Labor;
hazardous materials as defined by the U.S. Department of Transportation;
chemical materials and polluting materials as defined by the State
Department of Natural Resources; hazardous waste as defined by the
State Department of Natural Resources and hazardous materials as defined
in the Comprehensive Environmental Response, "Superfund," as amended
by the Superfund Amendments and Reauthorization Act of 1986 (SARA),
42 U.S.C. § 9601. A dangerous or hazardous substance or
material is considered released from its container, when in the determination
of the Fire Chief or the Police Chief or his or her authorized representative,
it poses a direct danger or threat of harm to human or animal life,
health or safety and welfare of the public or environment. A hazardous
substance can also be a noxious odor that is determined by the Fire
Department or Police Department to constitute a danger or threat to
the public health, safety or welfare.
The providing, sending and/or utilizing of police, firefighting,
emergency medical and rescue services by the City, or by a private
individual or corporation operating at the request or direction of
the City, to an incident resulting in an accident involving a motor
vehicle where one or more of the drivers were operating the motor
vehicle under the influence of or while impaired due to the consumption
of an alcoholic beverage or controlled substance or the combined influence
of an alcoholic beverage and a controlled substance;
An incident resulting in a traffic stop and arrest by a police
officer when a driver was operating the motor vehicle while under
the influence of or while impaired due to the consumption of an alcoholic
beverage and/or controlled substance; or
The providing, sending and/or utilizing of public service, police,
firefighting or rescue services, including resuscitator service, to
the scene of a fire, accident involving a motor vehicle, scene of
a release of a hazardous substance, or scene of other emergency situation.
The costs associated with the occurrence of an emergency
response as set forth in this section. The expenses of making an emergency
response, as set forth in this section, shall include the costs connected
with the administration, abatement and mitigation provision and analysis
of chemical tests, if applicable. These costs shall be set by Council
resolution.
A hazardous substance which may cause health and environmental
problems.
A.
The owner or lessor or operator of a fixed facility to which there
is an emergency response by the City shall be presumed liable for
the costs of an emergency response.
B.
Any person or vehicle owner/or the lessee who owned or operated a
motor vehicle or other transporter, which operation results in an
emergency response, shall be responsible and liable for the expenses
of the emergency response.
C.
Any individual who is the object of an emergency response by the
City shall be presumed liable for the costs of the emergency response.
D.
Any person is liable for the expense of an emergency response, if
while under the influence or while impaired due to the consumption
of an alcoholic beverage or controlled substance, or the combined
influence of an alcoholic beverage and controlled substance, such
person's operation of a motor vehicle proximately causes any
incident resulting in emergency response.
E.
Presumptions are as follows:
(1)
For purposes of Subsection D of this section, a person is under the influence of an alcoholic beverage or controlled substance, or the combined influence of an alcoholic beverage and a controlled substance, when due to drinking alcohol the person's ability to operate a motor vehicle in a normal manner is substantially lessened or, because of drinking alcohol, a person's mental or physical condition is significantly affected and he is no longer able to operate a motor vehicle in a normal manner. Further, it shall be presumed that a person was operating a motor vehicle while under the influence of an alcoholic beverage if a chemical analysis of his blood, urine or breath indicates that the amount of alcohol in his blood was in excess of 0.08%.
(2)
For purposes of Subsection D of this section, a person is operating while impaired, when due to the consumption of alcohol or a controlled substance, or the combined influence of an alcoholic beverage and a controlled substance, the person operates a motor vehicle with less ability than would an ordinary careful driver. It shall be presumed that a person was operating while impaired if the person's driving ability was lessened to the point that it would have been noticeable to another person.
F.
The expense of an emergency response shall be a charge against the
person liable for the expenses under this section. The charge constitutes
a debt of that person and is collectible by the City for incurring
those costs in the same manner as in the case of an obligation under
a contract, express or implied.
G.
The City Council shall, by resolution, adopt a schedule of the costs
included within the expense of an emergency response. This schedule
shall be available to the public from either the City Clerk or the
City Police and Fire Departments.
A.
It shall be the duty of any person and any other entity which causes
or controls leakage, spillage or any other dissemination of a dangerous
or hazardous substance or material to immediately remove such and
clean up the area of such spillage in such manner that the area involved
is fully restored to its condition before such occurrence. The Fire
Department or Police Department will inspect the site to make sure
the cleanup is in compliance with local, state and federal guidelines.
B.
Any such person or entity who fails to comply with this section by
failing to clean up without delay a hazardous substance release shall
be liable to and shall pay the City for its costs and expenses, including
the costs incurred by the City of any party which it engages, for
the complete abatement, mitigation, cleanup and restoration of the
affected area.
A.
The City Police, Fire Departments and Street Departments shall be
entitled to recover all costs and damages incurred in conjunction
with emergency incidents involving the release or threatened release
of hazardous/toxic materials or the creation of hazardous conditions
concerning dangerous or hazardous materials or substances. Such costs
and damages shall include, but not be limited to, those associated
with incident abatement, cleanup and mitigation, including any related
third-party costs, which are necessary to ensure the safety of the
City and its populace and buildings.
B.
Such costs and damages shall be the responsibility of the individual
to whom emergency response was provided or, if such emergency response
involves motor vehicles or property, shall be the joint and several
responsibility of the owner and/or operator, and/or the owner's
or operator's insurance carrier, of the property, equipment,
vehicle or container causing or contributing to any emergency incident
or hazardous condition of extended duration.
This section shall be
construed to create responsibility and liability of a civil nature
on the part of the individual to whom emergency response has been
provided or, if such emergency response involves a motor vehicle or
property, responsibility and liability of a civil nature on the part
of the operator and/or owner, as well as to the appropriate no-fault
insurance carrier. This section shall not be construed to conflict,
contravene or enlarge or reduce any criminal liability or responsibility,
including fines imposed by a judge on a driver for operating a motor
vehicle while under the influence of an alcoholic beverage and/or
controlled substance. Nor shall this section be construed to impose
criminal sanctions based solely on this section as to the responsible
party creating the need for an emergency response. The City Treasurer
or his or her designee shall, within a reasonable time of receiving
itemized costs incurred for emergency response, submit a bill for
same by first-class mail or personal service to a person or entity
liable for these expenses as enumerated under this section. Such bill
shall require full payment in 30 days from the date of billing. The
City may proceed by suit in a court of appropriate jurisdiction to
collect any monies remaining unpaid to the expiration of 30 days from
billing and shall have any and all other remedies provided by law
provided for the collection of such charges. In addition, if any person
or entity fails to reimburse the City as provided and such person
or entity is the owner of the affected property, the City shall have
the right and power to add any and all costs of emergency response
to the tax roll as to any such property, 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. This remedy is in addition
to any other remedy available to the City allowed by law.
[Adopted 12-17-2007 by Ord. No. 166]
The purpose of this article is to enable the City to require
reimbursement from those responsible for the leaking, spilling or
escape of dangerous or hazardous substances or materials, thereby
requiring cleanup and disposal by the City or its agents.
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 material or substance that has been identified by City,
state or federal laws or regulations, to include but not be limited
to such substances as chemicals and gases, explosives, radioactive
materials, petroleum products or gases, poisons, etiologic (biologic)
agents, flammables and corrosives, or substances that are obnoxious
by reason of odor, spillage, leakage or other release from their containers.
Specifically, hazardous substance includes hazardous chemicals as
defined by the State Department of Public Health and the State Department
of Labor; hazardous materials as defined by the U.S. Department of
Transportation; chemical materials and polluting materials as defined
by the State Department of Natural Resources; hazardous waste as defined
by the State Department of Natural Resources and hazardous materials
as defined in the Comprehensive Environmental Response, "Superfund,"
as amended by the Superfund Amendments and Reauthorization Act of
1986 (SARA), 42 U.S.C. § 9601. A dangerous or hazardous
substance or material is considered released from its container, when
in the determination of the Fire Chief or the Police Chief or his
or her authorized representative, it poses a direct danger or threat
of harm to human or animal life, health or safety and welfare of the
public or environment. A hazardous substance can also be a noxious
odor that is determined by the Fire Department or Police Department
to constitute a danger or threat to the public health, safety or welfare.
The providing, sending and/or utilizing of public service,
police, firefighting or rescue services, including resuscitator service,
to the scene of a release of any hazardous substance.
The costs associated with the occurrence of an emergency
response as set forth in this subsection. The expenses of making an
emergency response, as set forth in this section, shall include the
costs connected with the abatement and mitigation actions necessary
as a result of the release of a hazardous substance. These costs shall
be set by Council resolution.
A.
It shall be the duty of any person and any other entity which causes
or controls leakage, spillage or any other dissemination of a dangerous
or hazardous substance or material to immediately remove such and
clean up the area of such spillage in such manner that the area involved
is fully restored to its condition before such occurrence. The Fire
Department or Police Department will inspect the site to make sure
the cleanup is in compliance with local, state and federal guidelines.
B.
Any such person or entity who fails to comply with this section by
failing to clean up without delay a hazardous substance release shall
be liable to and shall pay the City for its costs and expenses, including
the costs incurred by the City of any party which it engages, for
the complete abatement, mitigation, cleanup and restoration of the
affected area.
A.
The City Police, Fire Departments and Street Departments shall be
entitled to recover all costs and damages incurred in conjunction
with emergency incidents involving the release or threatened release
of hazardous/toxic materials or the creation of hazardous conditions
concerning dangerous or hazardous materials or substances. Such costs
and damages shall include, but not be limited to, those associated
with incident abatement, cleanup and mitigation, including any related
third-party costs, which are necessary to ensure the safety of the
City and its populace and buildings.
B.
Such costs and damages shall be the responsibility of the individual
to whom emergency response was provided or, if such emergency response
involves motor vehicles or property, shall be the joint and several
responsibility of the owner and/or operator, and/or the owner's
or operator's insurance carrier, of the property, equipment,
vehicle or container causing or contributing to any emergency incident
or hazardous condition of extended duration.
This section shall be construed to create responsibility and
liability of a civil nature on the part of the individual to whom
emergency response has been provided or, if such emergency response
involves a motor vehicle or property, responsibility and liability
of a civil nature on the part of the operator and/or owner, as well
as to the appropriate insurance carrier. This section shall not be
construed to conflict, contravene or enlarge or reduce any criminal
liability or responsibility.
The City Treasurer or his or her designee shall, within a reasonable
time of receiving itemized costs incurred for emergency response,
submit a bill for same by first class or personal service to a person
or entity liable for these expenses as enumerated under this section.
Such bill shall require full payment in 30 days from the date of billing.
The City may proceed by suit in a court of appropriate jurisdiction
to collect any monies remaining unpaid to the expiration of 30 days
from billing and shall have any and all other remedies provided by
law provided for the collection of such charges. In addition, if any
person or entity fails to reimburse the City as provided and such
person or entity is the owner of the affected property, the City shall
have the right and power to add any and all costs of emergency response
to the tax roll as to any such property, 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. This remedy is in addition
to any other remedy available to the City allowed by law.
