A flammable material, an explosive, a radioactive material,
a hazardous waste, a toxic substance, or a related material, including
a substance defined as a “hazardous substance,” “hazardous
material,” “toxic substance,” “or solid waste”
under:
The federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. section 9601 et seq.);
The federal Resource Conservation and Recovery Act of 1976 (42
U.S.C. section 6901 et seq.);
The federal Toxic Substance Control Act (15 U.S.C. section 2601
et seq.); or
Chapter 361, Health and Safety Code.
(Ordinance 2011-5, sec. 1, adopted 3/8/11)
The city recognizes and supports the right of the fire department
to bill any business/person who accidentally, negligently, or intentionally
causes or is responsible for a spill of toxic or hazardous materials
affecting property within the fire department response area for the
payment of all costs incurred by the fire department and assisting
departments and agencies to abate such an event.
(Ordinance 2011-5, sec. 1, adopted 3/8/11)
Fees shall be collected for services provided inside the city
as well as outside the city limits. Fees that are the result of any
hazardous materials incident are the responsibility of the property
owner or occupant and are due and payable immediately upon receipt
of an invoice from the fire department or its authorized agent. The
fire department shall utilize applicable incident report information
for the assessment and collection of fees.
(Ordinance 2011-5, sec. 1, adopted 3/8/11)
The rate schedule established by city council shall be utilized
to recover cost associated with hazardous material incident response.
The fee schedule will start upon determination of such incident is
occurring and will end once all units and personnel are placed back
into service. All hourly rates will be rounded up to the nearest whole
hour. In the event of any damage to equipment or use of supplies while
responding to hazardous materials incidents and/or during the mitigation
process, the business and/or person(s) will be responsible for the
actual cost of replacement. (For example; personal protective equipment,
breathing apparatus, foam, booms, pads, and any not listed additional
equipment that was damaged pertaining to the particular incident.
(Ordinance 2011-5, sec. 1, adopted 3/8/11; Ordinance adopting Code)
