This article provides for the reimbursement and replacement
of expended resources and nonreusable equipment maintained or procured
in case of fire, leakage or spillage involving any hazardous material.
This article entitles the Town to reimbursement for the costs of replacing
nonrcusable equipment and expended resources utilized by the Town
or any of its departments or agencies in stopping or containing any
release of a hazardous material during an emergency response action.
As used in this article, the following terms shall have the
meanings indicated:
All of the activities conducted by the Town and/or any Town
Fire Department to clean up, remove, prevent, contain or mitigate
a discharge of hazardous materials that poses an immediate threat
to the environment or to the public health, safety or welfare.
Any items used to extinguish any fire or stop or contain
any leak or spill involving any hazardous material which cannot be
reused or cannot be replenished without cost after that particular
fire, leak or spill. These include but are not restricted to fire-fighting
foam, chemical extinguishing agents, absorbent material, sand, recovery
drums and specialized protective equipment, to include but not be
restricted to acid suits, acid gloves, goggles and protective clothing.
The Fire Department or Fire Company having jurisdictional
control over that portion of the Town Fire District, Fire Protection
District or the specific premises.
Any material solid, liquid or gas listed as such under the
National Fire Protection Association Guide of Hazardous Materials
or the Department of Transportation Emergency Guide Book.
Includes that portion of the Town of Salina located outside
the corporate limits of the Village of Liverpool.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment and farm machinery.
Any container, drum, box, cylinder or tank used to hold or
contain or carry or store any hazardous material.
Reimbursement to the Town for any expendable items used shall
be made by the following parties:
A.
The owner or operator of any vehicle responsible for any fire, leak
or spill of hazardous material.
B.
The owner or person responsible for any vessel containing hazardous
material involved in any fire, leak or spill on public or private
property, whether stationary or in transit, whether accidental or
through negligence.
C.
The owner or person responsible for any property from which any leak
or spill of hazardous material emanates, whether accidental or through
negligence.
D.
Any person responsible for any fire, leak or spill of hazardous material
on public or private property, whether accidental or through negligence.
Any person or company responsible for or contributing to any
release, leak or spill involving a hazardous material must provide
reimbursement directly to the Town for services rendered by any recovery
company, towing company, Fire Department or other technical assistance
required by the Town to handle or mitigate such incident. Such reimbursement
shall also include the full cost of replacing any nonreasable equipment
or expended resources used in an emergency response action concerning
such incident. Such reimbursement payment shall be within 45 days
after receipt of a bill for such items from the Town of Salina.
Any person, owner or company responsible for or contributing
to any release, leak or spill involving a hazardous material or threatened
release of hazardous materials who fails to reimburse the Town of
Salina within the time set forth in this article shall be subject
to a civil penalty, including the actual costs involved in any incident,
plus 50% administrative fees for collection.
Nothing in this article shall be construed to conflict with
any state or federal laws requiring persons causing or responsible
for any release or threatened release of hazardous material to engage
in remediation activities or pay the costs thereof, or both.
A.
Any building other than a residential building of less than six units
within a single building which has a fire alarm system or other fire-protection
or fire-suppression system shall provide a secure key box installed
in a location accessible to the Fire Department in case of emergency.
The key box shall contain keys to fire alarm control panels and other
keys necessary to gain access to and operate any fire-protection or
fire-suppression systems.
B.
The key box shall be a type approved by the Fire Prevention Bureau
of the Town of Salina and shall be located and installed as approved
by the Fire Marshal.
Any building owner or business owner who fails to install a secured key access after receiving notice by the Fire Marshal shall be punished as provided in Chapter 1, Article II, General Penalty, of this Code. Each week that such violation shall continue shall constitute a separate violation of this article.
