(a) 
It is the purpose of this article to provide for the orderly and expeditious control and cleanup of any hazardous materials which may escape from the control of the person or persons having possession of them, which thereby may pose a threat to the residents, taxpayers, and visitors in the city.
(b) 
This article requires that any person in possession of such hazardous materials shall pay for all services provided by the city and its officers, departments, agents, or employees to control and clean up said materials, and requires that the city be reimbursed for any costs or damages, direct or indirect, incurred as a result of its efforts to contain, control, clean up, or otherwise abate such hazardous materials incidents.
(c) 
It is not the purpose of this article to impose upon the city or its officers, departments, agents, or employees any obligation to secure or remove any hazardous materials from the city once safe containment of the hazardous materials is made. Moreover, nothing in this article shall relieve any person or persons in possession of hazardous materials of any obligation imposed by federal or state laws, and specifically nothing contained herein shall be deemed to permit the possession, storage, or use of hazardous materials except in conformance with all applicable federal, state, and local laws and regulations.
(Ordinance 2007-09, sec. I, adopted 3/15/07)
This article shall apply to:
(1) 
All incidents involving hazardous materials within the boundaries of the city, and to any person or persons who may possess such materials found within the boundaries of the city, except as such prevailing federal or state laws or regulations may take precedence over such person or persons.
(2) 
All incidents involving hazardous materials outside the boundaries of the city to which the city emergency response teams are dispatched by the county, and to any person or persons who may possess such materials found outside the boundaries of the city at an incident to which the city emergency response teams are dispatched by the county, except as such prevailing federal or state laws or regulations may take precedence over such person or persons.
(Ordinance 2007-09, sec. II, adopted 3/15/07)
For the purposes of this article, the following terms shall have the meanings stated:
Costs.
All reasonable and necessary expenses that are incurred by the city as a direct result of the hazardous materials emergency response, including but not limited to the following:
(1) 
Emergency response, incident assessment, control, containment and abatement of a hazardous materials incident, to include costs associated with transportation and temporary storage of hazardous materials if such transportation and temporary storage is necessary to control and contain the hazardous materials incident.
(2) 
Ensuring the safety of the public, both on and off the site of the hazardous materials incident.
(3) 
Repairing or replacing equipment if said equipment was damaged or destroyed as a direct result of the hazardous materials incident.
(4) 
Equipment, including rental equipment, utilized by the city to the extent such labor and equipment is necessary for emergency response, incident assessment, control, containment and abatement of the immediate hazard.
(5) 
Contract labor and equipment utilized by the city for emergency response, incident assessment, control, containment and abatement of the immediate hazard.
(6) 
Overtime costs for compensation of city employees for the time devoted specifically to the hazardous materials incident.
(7) 
Labor and equipment utilized by the city via a mutual aid agreement for emergency response, incident assessment, control, containment and abatement of the immediate hazard.
(8) 
Disposable materials and supplies consumed and expended as a result of the hazardous materials incident, including but not limited to absorbents, foams, neutralization agents, overpack drums or containers.
(9) 
Decontamination of equipment that is contaminated during the hazardous materials incident.
(10) 
Laboratory costs for purposes of analyzing samples taken during the release.
Hazardous materials.
Those substances, materials, or agents in such quantity, state, and form as may constitute a potential risk to the health and safety of the people and environment of the city, and which may constitute a threat to property, including, without limitation, the following: explosives, radioactive materials, etiologic agents, flammable materials, combustible materials, poisons, oxidizing or corrosive materials, and compressed gases. This shall also include any other materials listed as “hazardous” by the Materials Transportation Bureau of the United States Department of Transportation, in title 49 of the Code of Federal Regulations, as amended, or those materials regulated pursuant to any other applicable federal or state regulations.
Person.
Any individual, corporation, or other entity having the recognized legal status of a person, i.e., association, or any partnership, trust, or other legal entity as distinguished from the individual members thereof.
Person in possession.
Includes not only the owner, but any agent, consignee, employee, contractor, or representative within a chain of control.
Possession.
To possess, own, hold, or having within his, her, or its control any material defined as a hazardous material. In the case of any corporation or other legal entity, in addition to the entity itself, its officers, directors, or other natural persons having legal responsibility for the control of said entity shall be deemed to be in possession. It is the intention of this article to include within the concept of person in possession not only the legal owner, but also any and all other persons who may, at any time, come within the chain of control, without regard to the issue of legal title.
Responder.
Any person authorized to participate in the political subdivision’s coordinated emergency response to a hazardous material incident.
Responsible party.
The person or persons who cause or allow a release of a hazardous material or substance or who had custody or control of the hazardous material or substance at the time of such release.
(Ordinance 2007-09, sec. III, adopted 3/15/07; Ordinance adopting Code)
(a) 
The person or persons in possession of any hazardous material(s) shall have the duty to prevent its accidental or intentional discharge or release, and to ensure that any such material(s) is used in a manner which will prevent its escape from safe containment.
(b) 
No person in possession shall dump, deposit, release, or dispose, or cause to have dumped, deposited, released, or disposed, any hazardous material(s) within corporate limits of the city or its extraterritorial jurisdiction (ETJ).
(c) 
In the event of the discharge or release of any hazardous material(s) from safe containment, the person in possession at the time of the discharge shall immediately report the incident to the 911 dispatcher at the county sheriff’s, as applicable based upon the geographic location of the event.
(Ordinance 2007-09, sec. IV, adopted 3/15/07)
(a) 
The city fire department shall be notified promptly of such reported incident, and shall take any and all actions as are necessary to protect the public health, safety, property, and the environment.
(b) 
The primary goals of the fire department shall be to bring the hazardous material(s) under control in safe containment, and to minimize the damage caused by said material(s).
(Ordinance 2007-09, sec. V, adopted 3/15/07)
(a) 
Annually, by May 1st of each year, the city fire marshal shall present to the city council proposed response fees for the following fiscal year.
(b) 
Costs shall include, but not be limited to, an initial response fee, charges for labor, apparatus use, materials use, medical expenses, and equipment damage or replacement, and any and all other incidental costs.
(c) 
Annually, by September 15th of each year, the city council shall adopt response fees for the following fiscal year. If either the fire marshal fails to recommend or the city council fails to adopt a new fee schedule, the fees previously adopted shall remain in effect.
(d) 
Based upon the adopted fee schedule, the person, or persons, in possession of any hazardous material(s) shall pay a minimum response fee and, in addition, shall be strictly liable to the city for all costs incurred by the city and its officers, departments, agents, or employees for the control, containment, and cleanup of the hazardous materials which may have been discharged or released. If such material was possessed by more than one (1) person, then all shall be jointly and severally liable, and the costs incurred by the city, its officers, departments, agents, or employees may be recovered from any one (1) of them, by action brought in any court of competent jurisdiction.
(Ordinance 2007-09, sec. VI, adopted 3/15/07)
(a) 
Agent for collection.
The fire marshal, as the city’s agent, shall be responsible for collecting invoices from responders to a hazardous material incident and presenting a bill to the responsible party for costs.
(b) 
Record of costs.
When responding to a hazardous material incident, the emergency response teams of the city shall keep a detailed record of the costs attributable thereto.
(c) 
Submittal of invoice to fire marshal.
An invoice identifying eligible costs under this article shall be submitted by responders to the fire marshal within ten (10) days after the cost was incurred or identified. Submitted invoices must include sufficient documentation for cost reimbursement (i.e., copies of time sheets for specific personnel, copies of bills for the materials, equipment and supplies procured or used, etc.). Accepting invoices from agencies outside the city shall not incur liability to the city to pay costs from such agencies until payment is received by the city from the responsible party.
(d) 
Method of billing and payment.
The fire marshal, as the city’s agent, shall submit a consolidated invoice to the responsible party, identifying the responders (i.e., agencies, agents or municipalities) and their specific costs for reimbursements. The responsible party shall issue payment payable to the city. The payment check will be sent to the city within thirty (30) days of receiving an invoice. The city shall disburse the funds to responders outside the city.
(Ordinance 2007-09, sec. VII, adopted 3/15/07)
City fire department hazardous materials response charges:
 
Fees and Charges
Heavy response
HazMat trailer and truck pumper
As established by city council
Medium response
Tanker
As established by city council
Command vehicle
As established by city council
Lighting, generators
As established by city council
Personnel (number of individuals x cost per hour)
As established by city council
Notes:
Note 1: These above charges (per hour) billed to the company or individual deemed responsible for the hazardous material (HazMat) incident.
Note 2: Cell phones may be billed according to charge and cost to the city fire department.
Note 3: Supplies used on the scene that must be replaced shall be billed at cost plus a 15% fee for shipping and restocking.
Note 4: Reusable equipment that is damaged beyond repair shall be billed at replacement cost plus shipping and handling.
Note 5: It shall be understood by all affected parties involved in the HazMat incident that the on-scene commander shall ensure a safe and effective HazMat response, and shall be responsible for validating that the request for reimbursement is for only resources utilized at the specific incident.
(Ordinance 2007-09, sec. VIII, adopted 3/15/07; Ordinance adopting Code)
All costs and fees collected under this article shall be deposited in the following manner:
(1) 
The response fee for use of apparatus owned by the city shall be deposited to a capital reserve fund, to be held by the city, to fund payments for fire apparatus.
(2) 
All fees collected for labor, apparatus use, materials use, medical expenses, equipment damage or replacement, and any and all other incidental costs shall be returned to the appropriate fire department.
(Ordinance 2007-09, sec. IX, adopted 3/15/07)
(a) 
Civil action.
The city may enforce these provisions by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder plus administrative collection costs, attorneys’ fees, or for any other relief that may be appropriate. A certified copy of a judgment in favor of the city may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by such person(s) and such lien shall be coequal with the lien of all state, district and municipal taxes superior in dignity to all other liens, titles, and claims until paid or extinguished.
(b) 
Additional remedies.
The city may seek any or all available remedies at law, to include the provisions of this article, against any parties responsible for any hazardous materials incident, to include those actions and remedies available under the U.S. Bankruptcy Code relating to such matters.
(Ordinance 2007-09, sec. X, adopted 3/15/07)