[Ord. #90-08, § 2]
If a threatened, or actual release of a hazardous material occurs
in the absence of a business or property owner, the Fire Chief or
his designee shall make a reasonable attempt to contact the business
and/or property owner where the threatened or actual release has occurred
and shall require the immediate mitigation of the hazard.
If there is no response or no contact is made with a business
or property owner within a reasonable time frame, the Fire Chief or
his designee shall take mitigating action which may include, but is
not limited to, hazard removal or relocation, clean-up, site evaluation,
soil testing, and/or chemical analysis.
The expense of securing any threatened, or actual release of
any hazardous material is a charge against the person or firm who
has controlling interest in the business or property on or in which
the threatened or actual release occurred. Damage and expenses incurred
by any public agency assisting the agency having jurisdiction shall
constitute a debt to such person and shall be collectable by the Fire
Chief for proper distribution in the same manner as in the case of
an obligation under contract expressed or implied. Expenses as stated
above shall include, but not be limited to, equipment and personnel
committed and any payments required by the public agency to outside
business firms requested by the public agency to secure the emergency.
[Ord. #90-08, § 3]
The Fire Department shall charge fees, as set forth by the Council,
by resolution, for the actual time spent controlling and mitigating
the emergency. The fees will be for one (1) hour minimum and to the
nearest one quarter (1/4) hour including salary, fringe benefits,
and overhead costs, and for use of any equipment. The Fire Department
shall charge for actual expenses incurred for outside services plus
overhead.
