[HISTORY: Adopted by the Township Board of the Township of
Cannon as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 96-8]
This article is adopted in order to provide for the payment
or reimbursement to the Township of expenses resulting from the use
of Township goods, equipment, monies and other resources in responding
to or otherwise acting in connection with an incident involving hazardous
or toxic materials. In order to implement this article, and thus to
protect the Township in such cases, the Township Board hereby authorizes
the imposing of charges so as to recover the reasonable and actual
costs incurred by the Township in responding to calls for assistance
or otherwise acting in connection with a spill or release of hazardous
or toxic materials.
For purposes of this article, the following words and terms
are defined as follows:
Any accident, emergency, activity, or other occurrence where
a release of hazardous materials occurs or where there is a present
danger of a release of hazardous materials. For purposes of this definition,
"release" shall include any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, leeching, dumping, disposing or
other spreading of material.
Any chemicals, gasses, solids, liquids, and any other materials
or substances that pose a present or potential hazard to human health
or safety or the environment.
In connection with an incident, all actual costs or expenses
incurred by the Township, including but not limited to each of the
following:
Charges for each Fire Department vehicle, including but not
limited to pumpers, water tenders, and other vehicles. Hourly rates
for these charges shall be established by resolution of the Township
Board.
Replacement costs for equipment that is contaminated beyond
reuse or repair (such as self-contained breathing apparatus).
All personnel-related expenses incurred by the Township, including
but not limited to wages, salaries, fringe benefits and insurance
for full-time and part-time firefighters, overtime pay and related
fringe benefit costs for hourly employees, and fire run fees paid
to on-call firefighters. These personnel-related expenses will commence
when the fire department has begun responding to the incident and
shall continue until all Township personnel have concluded hazardous
materials incident related responsibilities.
Expenses of decontaminating and cleaning equipment.
Technical consulting services specifically required as a result
of the incident, including but not limited to technical experts or
specialists not otherwise available to the Township.
Laboratory costs of analyzing samples taken during the incident.
Cost of cleanup, storage or disposal of the released hazardous
material.
Medical and hospital expenses incurred as a result of the incident.
Legal, engineering, accounting, billing, collection and other
administrative expenses incurred as a result of the incident, including
but not limited to efforts to recover expenses pursuant to this article.
In connection with a hazardous materials incident, any person,
firm, corporation, association, partnership, governmental body, or
any other legal entity that causes, contributes to, aids in the occurrence
of, or is otherwise involved, whether knowingly, accidentally or otherwise,
in a release of a hazardous or toxic material, whether actual or threatened.
Where the Township Fire Department or other parties or agencies
of the Township government, or other persons or parties acting in
behalf of the Township government, take action in connection with
a hazardous materials incident, all responsible parties shall be responsible
to the Township, and shall pay or reimburse the Township, for the
recoverable expenses relating to the hazardous materials incident.
Such responsibility shall be in addition to any other penalties, obligations
or remedies provided by law. The liability of responsible parties
under this article shall be joint and several.
After the conclusion of a hazardous materials incident, the
Township Fire Chief (or an agent of the Fire Chief) shall submit an
itemized list of all known recoverable expenses to the Township Treasurer,
who shall prepare and send an invoice to all responsible parties for
payment; the Township Treasurer's invoice shall demand full payment
within 30 days after receipt of the invoice. Any additional expenses
that become known to the Township after mailing of the first invoice
shall be billed in the same manner to the responsible parties. Any
amounts unpaid after 30 days after the due date will bear a late charge
of 1% per month, or fraction of a month, or the highest legal limit
of interest permitted by law, whichever is less.
Any responsible party may appeal the amounts listed in any invoice
to the Township Board. The appeal shall be filed in writing, delivered
to the Township Supervisor not later than 15 days after the date the
responsible party receives the invoice. The Township Board shall give
the appealing parties an opportunity to present evidence in support
of their position. The appealing parties shall bear the burden of
proof. After receiving all evidence deemed relevant by the Township
Board, the Township Board shall make a decision on whether the expenses
are properly recoverable under this article. An appeal to the Township
Board will not postpone or delay the applicable time periods for payment
of any invoice issued under this article. The Township Board shall
use reasonable efforts to make a decision no later than 60 days after
hearing the appeal.
A violation of this article shall be a municipal civil infraction.
The Township Fire Chief and the Township Supervisor shall each have
authority to issue municipal civil infraction citations for violations
of this article.[1] The Township may pursue any other remedy or may institute
any other appropriate action or proceeding to collect charges imposed
under this article. The recovery of expenses imposed under this article
does not relieve or limit the liability of any person under any other
local ordinance or state or federal law, rule or regulation.
