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Editor's note-Ordinance 10-01-04, sec. 2, adopted Jan. 19, 2010, repealed the former Art. III, secs. 34-56-34-60, and enacted a new Art. III as set out herein. The former Art. III pertained to hazardous materials and derived from Ordinance 02-09-105, secs. 3-7, 9-17-2002.
(a) 
Definitions.
For purposes of this article, the following words and phrases shall have the following meanings:
Costs incurred by the City of Frisco
shall include, but not be limited to, expenses attributable to the abatement or cleanup of any hazardous materials incident, including the following: personnel costs; equipment operation costs; costs of materials and supplies; costs of specialists, experts, or other contract labor not in the full-time employment of the city; disposal costs; overhead costs; overtime costs; and any other incidental cost incurred by the city. Basic costs associated with services provided by the fire department shall be as outlined in the city's comprehensive fee ordinance.
(1) 
For hazardous materials incidents located within the jurisdiction of the city, costs and fees are measured from the time the first fire department vehicle arrives at the incident site; all costs described in this article shall be billable.
(2) 
For hazardous materials incidents located outside the jurisdiction of the city, costs and fees are measured from the time the first city fire department vehicle checks enroute to the incident site; all costs described in this article shall be billable.
Hazardous materials
means any substances or materials in any quantity or form which, in the determination of the fire chief, or his authorized representative, poses a threat or risk to human health, property, or the environment, and shall include, but not be limited to, such substances as those used in incidents involving weapons of mass destruction or chemical, biological, radiological, nuclear, explosive (CBRNE) weapons; hydrocarbon products; poisons/toxins; compressed or liquefied gases; etiologic (biologic) agents; oxidizers; corrosives; carcinogens; cryogens; heavy metals; and organic and inorganic peroxides.
Hazardous materials incident
means the release, or potential release, of a hazardous material from its container into the environment.
(b) 
Fees.
The amount of fees and charges required to be paid under this article shall be set forth in the city's comprehensive fee ordinance, as amended from time-to-time.
(c) 
Imposition of fees.
The following regulations shall apply in connection with the imposition and collection of fees for the recovery of costs incurred by the fire department, police department, health department, public works, and/or any other department and/or agency of the city under this article:
(1) 
Standby rates will be equal to the daily rates in the schedule set forth in the city's comprehensive fee ordinance unless otherwise agreed to in writing.
(2) 
The usage period begins when an item of equipment is first made available for use on the hazardous materials incident site and continues until such equipment is returned to the apparatus for use in other hazardous materials incidents or is returned to the responsible party for disposal or replacement.
(3) 
The rates set forth in the city's comprehensive fee ordinance apply to, among other things, equipment, personnel and materials utilized by the city in the performance of public safety and mitigation during a hazardous materials incident.
(4) 
During the course of performance of work, the city may add additional equipment items to the city's comprehensive fee ordinance at rates to be determined by the city's purchasing department.
(5) 
Due to the nature of hazardous chemical mitigation, it may be necessary to dispose of equipment and/or protective clothing due to corrosion or wear. If necessary, the scheduled rates set forth in the city's comprehensive fee ordinance will be charged plus replacement at cost.
(6) 
In the event any item of equipment is damaged at the hazardous materials incident site, the city shall be entitled, at its option, to charge the replacement or repair cost of such item of equipment. Repair or replacement cost shall be billed at cost.
(7) 
Decontamination charges will be charged according to the applicable rates identified in the schedule set forth in the city's comprehensive fee ordinance.
(8) 
Rebuild fees may be charged when a pump is damaged during operation on the hazardous materials incident site. Repair parts and labor may be charged in lieu of rebuild fees when minor damage occurs.
(9) 
The cost of all laboratory services, testing services, and/or other services that are not performed by the city and are subcontracted by the city shall be charged in an amount equal to the city's cost for such subcontracted service.
(10) 
Minimum protective equipment shall include, but not limited to, hard hats, safety goggles, safety shields, steel toe boots and standard fire department uniforms. Additional charges for these items may be invoiced when such items are damaged or broken or when they must be replaced due to contamination or damage.
(11) 
In the event that any city personnel are engaged to provide expert testimony in any court, administrative or other proceeding, the rate for such personnel while testifying, either at a deposition or hearing, shall be two (2) times the hourly rate of such personnel.
(12) 
The information contained in the schedule set forth in the city's comprehensive fee ordinance is intended for the use of the person, firm, entity or corporation to which an invoice or claim presented.
(13) 
In the event that a responsible party fails to pay an invoice submitted under this section, the responsible party may be subject to a "stop work order" from the city, which may apply to, among other projects, the project in which the hazardous materials incident occurred.
(Ordinance 10-01-04, sec. 2, adopted 1/19/10; Ordinance 16-01-06, sec. 2, adopted 1/19/16; Ordinance 2024-09-44 adopted 9/17/2024; Ordinance 2024-10-46 adopted 10/15/2024)
Any individual or business entity, who owns or possesses hazardous material(s) involved in a hazardous material(s) incident whether within or outside of the city, or any individual or business entity, who accidentally, negligently, or intentionally causes or is responsible for a hazardous material(s) incident within or outside of the city, shall be liable for the payment of costs incurred by the city. The city fire department shall, in its sole discretion, be responsible for determining whether it and/or any other department and/or agency of the city is needed to assist and/or participate, in any way, in the abatement of any hazardous material(s) incident for which the costs provided for herein may be assessed. The remedy provided by this section shall be in addition to any other remedies provided at law or in equity.
(Ordinance 10-01-04, sec. 2, adopted 1/19/10; Ordinance 2024-10-46 adopted 10/15/2024)
Permits will be required for the storage, handling, or use of hazardous material(s) in excess of the amounts stipulated in section 105 of the city-adopted edition of the International Fire Code, as it exists or may be amended. The fee for hazardous material(s) permits shall be $150.00 per year, per site. Applications for hazardous material(s) permits shall be submitted to the city fire department.
(Ordinance 10-01-04, sec. 2, adopted 1/19/10; Ordinance 2024-10-46 adopted 10/15/2024)
Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city, the fire chief, or his authorized representative, both for injunctive relief as may be necessary to enforce the provisions of this article and for the collection of damages as provided herein.
(Ordinance 10-01-04, sec. 2, adopted 1/19/10)
Any person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of $2,000.00. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. Frisco retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 10-01-04, sec. 2, adopted 1/19/10)