[HISTORY: Adopted by the Township Board of Trustees of the
Township of Lawrence 3-14-2013 (Ord. No. 14 of the 2005 Code). Amendments noted
where applicable.]
An ordinance to establish cost recovery and collection of charges
for any emergency response and demands for services involving hazardous
materials, hazardous conditions, deliberate fires and negligent fires
in the Township of Lawrence and any other area services that are rendered
by the Lawrence Township Emergency Service District or the Township
of Lawrence.
This chapter shall be titled and known as "Ordinance No. 14,
the Emergency Response and Cost Recovery Ordinance." This chapter
replaces in its entirety former Ordinance No. 14, titled "Cost Recovery
for Fires Involving Hazardous Materials, Hazardous Conditions, Deliberate
Fires and Negligent Fires," adopted May 12, 1994.
A.
In order to protect the Township of Lawrence from extraordinary expenses
resulting from the utilization of the Lawrence Township resources
in response to certain public safety or fire emergency incidents and
demands for services; the Township of Lawrence authorizes the imposition
of charges to recover reasonable and actual costs incurred by the
Lawrence Township's Emergency Services (LTES). Such costs shall include,
but not be limited to, those associated with incident abatement, mitigation,
and clean-up including any related third-party cost necessary to ensure
the safety of the Township and its populace.
B.
Any such cost shall be the responsibility of the owner and/or operator
of the property, equipment, vehicle, or container causing or contributing
to a dangerous or hazardous condition, including but not limited to
pollution of the environment. All charges shall be paid within 30
calendar days unless approved otherwise.
C.
This chapter has been adopted and is ordained by the Lawrence Township
Board of trustees pursuant to the authority contained in the following
public acts as amended; to wit: Public Act 102 of 1990 (MCLA § 41.806a);
Public Act 712 of 2002 (MCLA § 28.754); and Public Act 175
of 1927 (MCLA § 769.1f).
The following terms or phrases shall be defined to mean:
Those costs for services incurred by the Township in connection
with a response to a public safety incident, emergency assistance,
false alarms, or requested service. Included, but not limited, are
costs of labor and material to the Township (including, without limitation,
employee wages, fringe benefits, administrative overhead, cost of
equipment, cost of equipment operation, cost of materials, cost of
transportation, cost of material disposal, and cost of contracted
labor), whether or not the services are provided by the Township or
by a third party on behalf of the Township; service charges and interest;
attorneys' fees, litigation costs, charges, fines, or penalties to
the Township imposed by any state or federal governmental entities
whether a court, administrative agency or otherwise.
The verbal or written threat of a bomb or other explosive
device which if discharged as threatened would violate federal, state,
or local laws.
The cost of an emergency response shall be a charge against
the person liable for the costs under this chapter. The charge constitutes
a debt of that person and is collectible by the Township for incurring
those costs in the same manner as in the case of an obligation under
a contract, expressed, or implied. A "person" may be an individual,
company, corporation, partnership, agency or other entity however
described and more fully described as a "responsible party" below.
The Lawrence Township Board shall from time to time adopt
truck/equipment/labor rate resolutions that set forth a schedule of
the costs incurred in making an emergency response. It shall be presumed
that the costs listed in this schedule are the true cost incurred
by the Township and represent the costs of an emergency response or
requested service. This schedule shall be available to the public
from Lawrence Township Clerk or by the Lawrence Township Emergency
Service's Fire Chief. If a cost is incurred but not listed, it shall
be charged as the cost becomes known.
A request for emergency medical, fire, civil defense, or
other emergency services, whether placed by a person, however described.
Any automated or manual devices designed to request or summon
emergency assistance where a device is activated intentionally or
otherwise, in absence of an actual need for emergency assistance.
The most senior person responding to a false alarm shall make the
determination that there was no actual need for emergency assistance;
provided, however, a false alarm shall not be deemed to have occurred
if:
The chief operational and administrative officer of the Lawrence
Township Emergency Services or, in his/her absence, the senior fire
officer in charge at the time of the incident responding.
A release of hazardous substance or material shall be any
spilling, leaking, pumping, pouring, emitting, emptying, discharging,
ejecting, dumping, or disposing of a substance or material into the
environment, building, or motor vehicle.
For the purpose of this chapter, hazardous substance and/or
materials include, but are not necessarily limited to, a chemical
that is a combustible liquid, a flammable gas, an explosive, a flammable
or organic peroxide, an oxidizer, a pyrophoric, an unstable reactive
or water-reactive substance, petroleum and/or petroleum by-products,
a flammable solid, a poisonous or infectious material, a radioactive
material, a corrosive, or any other material that may be defined as
hazardous by the United States Department of Transportation, by the
laws of the State of Michigan, or by the local police agency(ies),
i.e., controlled substance homemade labs and chemicals (i.e., meth
labs).
A fire set or determined to have been set in violation of
federal, state, or local law and shall include an arson fire and fire
set in violation of a no-burning ban, order, or ordinance. An illegal
fire does not include an unintentional fire or a fire caused by an
act of God (i.e., lightning storm).
The Emergency Services Department created by the Lawrence
Township Board which shall likewise be known by the acronym "LTES."
A motor vehicle shall include a self-propelled or towed vehicle
designed or used on the public streets, roads, and highway and for
the purpose hereof all trailers or appurtenances attached to any motor
vehicle.
A situation where the Lawrence Township Emergency Services
is dispatched to an emergency situation. This may include, but not
be limited to, false alarm, hazardous material incident, emergency
or release, illegal fire, bomb threats, threats to oneself or other,
utility line failure, and methamphetamine laboratory (meth lab) or
other controlled-substance incidents.
Any individual, firm, corporation, association, partnership,
commercial entity, consortium, joint venture, government entity or
any legal entity that is responsible for a release of a hazardous
material, either actual or threatened, or as an owner, controlled
substance manufacturer, tenant, occupant, or party in control of the
property onto which or from which hazardous material is released or
stored or the owner, possessor or party in control of the hazardous
substance immediately prior to the said release or incident.
Verbal or written threat of physical harm to oneself or another
or another's property which if carried out would be a violation of
federal, state, or local law shall be the basis to charge the person
making the threat with the cost incurred in responding.
The disabling of any transmission or service line, cable,
conduit, pipeline, wire, or the like used to provide, collect, or
transport natural gas or communication or electronic signals (including,
but not limited to, telephone, computer, cable television and stereo
signals or electronic impulses) if the owner or party responsible
for the maintenance of such utility line does not respond within one
hour to a request to correct or repair such failure.
When the Lawrence Township Emergency Services responds to a
call for emergency assistance in connection with a situation as described
above, actual costs incurred by it in responding to and mitigating
such incident shall be imposed upon the responsible party, including
but not limited to:
A.
A fee at the prevailing rate for the equipment, materials, supplies,
apparatus, and other items required, in the opinion of the officer
in command, to respond and be present and/or to stand by at the scene
of the emergency response. For each hour or fraction thereof that
the equipment, materials, supplies, apparatus, and other items is
used or is required at the site by the officer in command, an additional
hourly or fraction of an hourly sum shall be charged.
B.
All personnel-related costs incurred by the Lawrence Township Emergency
Services as a result of responding to and mitigation of emergency
response or demands for services. Such costs may include, but are
not limited to, wages, salaries, fringe benefits, insurance, and other
costs which may be a part of the Lawrence Township usual and customary
established cost for personnel incurred at the person's hourly rate.
Such personnel-related charges shall commence at the time the Lawrence
Township Emergency Services personnel is dispatched to the emergency
incident and shall continue until all personnel have concluded their
related responsibilities.
C.
Other expenses incurred by the Township in responding to and mitigating
an emergency incident, including, but not limited to, rental or purchase
of machinery, equipment, labor, consultants, legal and engineering
fees, and replacement costs related to disposable personal protection
equipment, extinguishing agents, supplies, charges for emergency response
teams of other governmental agencies, meals, refreshments for personnel
working the scene of an emergency incident and all like and similar
incidental costs arising from said emergency response and mitigation.
D.
Any and all charges to the Lawrence Township imposed by any local,
state, or federal entities related to the emergency response incident
or service provided.
E.
The cost of repair or replacement of any apparatus, equipment, protective
clothing, or material damaged, destroyed, consumed as a result of
the response and mitigation activities.
F.
Cost incurred in accounting for all hazardous-material-incident-related
expenditures, to include billing and collections costs, actual attorney
fees incurred and all related costs associated with collection of
said expenditures, including court costs, witness fees, and expert
fees incurred in support thereof.
The foregoing described costs shall be determined in accordance
with a resolution established by the Lawrence Township Board. Where
applicable, the costs shall be the actual expense of the Lawrence
Township Emergency Services. With respect to apparatus use charges,
the Lawrence Township Board shall establish a use charge for each
separate piece of apparatus and equipment. Said use charges shall
from time to time be established by further resolution of the Lawrence
Township Board. In the event of an emergency response, the most current
prevailing apparatus and equipment charge schedule shall be applied.
A cost incurred but not listed in a resolution shall not prevent it
from being charged if actually incurred.
Following conclusion of an emergency response incident meeting
the requirements of this chapter, the Fire Chief or the Chief's agent
shall submit a detailed listing of all known expenses to the Lawrence
Township Clerk. The Clerk shall prepare an invoice to the responsible
party for payment. The Clerk's invoice shall demand full payment within
30 days from the bill date. Any additional expense that becomes known
following the transmittal of the bill to the responsible party shall
be billed in the same manner on a subsequent bill to the responsible
party. Any amount due that remains unpaid 30 days after the date of
billing shall have imposed a late charge thereon at the maximum rate
allowed by law until said account shall be paid in full.
Any failure by the responsible person for the costs of an emergency
response to pay the bill within 30 days of service shall be considered
in default. In case of default, the Lawrence Township may commence
civil suit to recover the costs, plus any additional costs or expenses
allowed by law. In addition to the foregoing, the Board may pursue
any other remedy or may institute an appropriate action or proceeding
in a court of competent jurisdiction to collect the charges imposed
under this chapter, together with costs and attorney fees.
Should any provision or part of this chapter be declared by
any court of competent jurisdiction to be invalid or unenforceable,
the same shall not affect the validity or enforceability of the balance
of this chapter, which shall remain in full force and effect.
This chapter shall become effective 30 days after its adoption
and publication. Upon its effective date, this chapter supersedes
and repeals prior ordinances.
