[Ord. of 10-7-2003]
The City of Ithaca shall be entitled to recover the cost/expenditures
incurred by the City of Ithaca in responding to, recovering from,
safeguarding, isolating, and/or cleaning up of hazardous substances
and dangerous or hazardous conditions.
The City of Ithaca shall be entitled to recovery of the costs/expenditures
incurred by the City of Ithaca in responding to, recovering from,
safeguarding, isolating, and/or cleaning up technological/man-made
emergencies and/or disasters.
[Ord. of 10-7-2003]
Hazardous substances shall include all substances as defined
in MCLA § 324.20101(t).
[Ord. of 10-7-2003]
Any person, company, organization or entity that owns or controls
a hazardous substance within the City of Ithaca which is released
shall reimburse the City of Ithaca the costs incurred by the City
of Ithaca in responding to, recovering from, safeguarding, isolating,
and/or cleaning up the hazardous substance.
Any person, company, organization or entity that causes the
release of any hazardous substance or the creation of a situation
resulting in the release or possible release of a hazardous substance
within the City of Ithaca shall reimburse the City of Ithaca the cost
incurred by the City of Ithaca in responding to, recovering from,
safeguarding, isolating, and/or cleaning up the hazardous substance.
Any person, company, organization or entity that causes a technological/man-made
emergency or disaster within the City of Ithaca shall reimburse the
City of Ithaca the costs incurred by the City of Ithaca in responding
to, recovering from or cleaning up said technological/man-made emergency
and/or disaster.
Any person, company, organization or entity that causes or contributes
to a dangerous or hazardous condition within the City of Ithaca shall
reimburse the City of Ithaca the costs incurred by the City of Ithaca
in responding to, recovering from, safeguarding, isolating, and/or
cleaning up said dangerous or hazardous condition.
[Ord. of 10-7-2003]
The treasurer shall determine the costs/expenditures of the
City of Ithaca in responding to, recovering from, safeguarding, isolating,
and/or cleaning up a hazardous substance, dangerous or hazardous condition,
or a technological/man-made emergency or disaster.
The total costs/expenditures shall include, but not be limited
to, the following:
(a) Salaries of all employees, including overtime and benefits.
(b) All long distance, cellular and fax telephone calls within any period.
(c) Replacement/repair of all equipment owned or leased by the City of
Ithaca which is deemed unserviceable due to exposure to the hazardous
substance(s), or dangerous or hazardous condition.
(d) Expenses of vehicle operation/use of emergency command trailer.
(e) On scene rehab of emergency personnel including, but not limited
to, beverage and food for long-term events.
(f) All other related expenses caused by the event.
Once the costs/expenditures of the City of Ithaca have been determined by the treasurer, the Fire Chief shall submit the bill to the party/parties named by the Fire Chief as being responsible pursuant to § 16-93 above.
|
[Ord. of 10-7-2003]
The responsible individual/company may request a detailed explanation
of costs/expenditures. If dissatisfied, the responsible party may
request to review the costs/expenditures with the City of Ithaca or
its designated representative.
If after review the responsible party is still dissatisfied,
the party may make a final appeal directly to the City Manager. The
decision of the City Manager shall be final.
[Ord. of 10-7-2003]
Neither this article nor the determination by the Fire Chief
or the City Manager shall increase or diminish the right of a party
(who has reimbursed the City of Ithaca pursuant to this article) to
seek contribution and/or indemnity from another party.