[HISTORY: Adopted by the City Commission of the City of South Pasadena 10-10-2006 by Ord. No. 2006-07. Amendments noted where applicable.]
Emergency management — See Ch. 90.
As used in this chapter, the following terms shall have the meanings indicated:
- All reasonable and necessary expenses that are incurred by the City of South Pasadena as a direct result of the hazardous materials emergency response, including but not limited to the following:
- A. 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.
- B. Ensuring the safety of the public, both on and off the site of the hazardous materials incident.
- C. Repairing or replacing equipment if said equipment was damaged or destroyed as a direct result of the hazardous materials incident.
- D. Equipment, including rental equipment, utilized by the City of South Pasadena to the extent such labor and equipment is necessary for emergency response, incident assessment, control, containment and abatement of the immediate hazard.
- E. Contract labor and equipment utilized by the City of South Pasadena for emergency response, incident assessment, control, containment and abatement of the immediate hazard.
- F. Overtime costs for compensation of City of South Pasadena employees for the time devoted specifically to the hazardous materials incident.
- G. Labor and equipment utilized by the City of South Pasadena via a mutual-aid agreement for emergency response, incident assessment, control, containment and abatement of the immediate hazard.
- H. 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.
- I. Decontamination of equipment that is contaminated during the hazardous materials incident.
- J. Laboratory costs for purposes of analyzing samples taken during the release.
- EMERGENCY RESPONSE
- The provision of authorized assistance during and following a hazardous material incident and to reduce the likelihood of secondary damage and may include incident assessment, control, containment and abatement of the immediate hazard.
- HAZARDOUS MATERIAL
- A substance or material that the United States Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety and property when transported in commerce, and has designated as hazardous under Section 5103 of the federal Hazardous Materials Transportation Law (49 U.S.C. § 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in 49 CFR 173.
- HAZARDOUS MATERIAL INCIDENT
- An actual or threatened release of a hazardous substance or material, including hazardous waste, which poses an imminent threat to the environment and/or to the health, safety or welfare of the population and requires emergency response, incident assessment, control, containment and abatement of the immediate hazard.
- An individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, governmental entity, or any other legal entity.
- The accidental or intentional, sudden or gradual spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant) whether such release occurs from a fixed facility or while the materials are being transported.
- Any person authorized to participate in South Pasadena'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.
Any responsible party shall be liable for the payment of all reasonable and necessary costs incurred by the City of South Pasadena or its agents for emergency response, incident assessment, control, containment and abatement of the immediate hazard as a direct result of a hazardous material incident.
The authority to recover costs under this chapter shall not include costs incurred for actual fire suppression service which is normally or usually provided within the City of South Pasadena by its Fire Department or its authorized agents.
Agent for collection. The City of South Pasadena shall be responsible for collecting invoices from responders to a hazardous material incident and presenting a bill to the responsible party for costs.
Procedure for responders. When responding to a hazardous material incident, the emergency response agencies of the City of South Pasadena shall keep a detailed record of the costs attributable thereto.
Procedure for responders' submittal of invoices to City of South Pasadena. An invoice identifying eligible costs under this chapter shall be submitted by responders to the City of South Pasadena within 60 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 materials, equipment and supplies procured or used, etc.). Accepting invoices from agencies outside the City of South Pasadena shall not incur liability to the City of South Pasadena to pay costs from such agencies until payment is received by the City of South Pasadena from the responsible party.
Method of billing and payment. The City of South Pasadena shall submit one or a series of consolidated invoices to the responsible party, identifying the responders (i.e., agencies, agents or municipalities) and their specific costs or reimbursements. The responsible party shall issue a separate certified check made payable to each responder that submitted an invoice. The checks will be sent to the City of South Pasadena within 60 days of receiving a consolidated invoice. The City of South Pasadena shall disburse the checks to the responders.
Supplemental beneficial projects. This chapter shall not prohibit the City of South Pasadena from entering into binding agreements with the responsible party for remedial actions such as supplemental beneficial projects (SBPs) in lieu of monetary payment, provided all or part of the responders agree with the SBP in lieu of payment or the City of South Pasadena accepts the SBP and compensates the other responders. SBPs are projects which a responsible party agrees to undertake to benefit the emergency response entity but is not otherwise legally required to perform. The SBP must have a direct benefit to the responding entity of the City of South Pasadena, and the value of the SBP can be used to offset monetary payment on a dollar-for-dollar basis. There is no minimum or maximum amount of monetary payment that can be offset by a SBP.
Civil action. The City of South Pasadena 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 of South Pasadena 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.
Remedies at law. The City of South Pasadena may seek any or all available remedies at law, to include the provisions of this chapter, 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.
Whenever the requirements or provisions of this chapter are in conflict with the requirements or provisions of any other lawfully adopted ordinance, the more restrictive requirements shall apply as to the matters of conflict, and all provisions of this chapter not in conflict shall remain in full force and effect.
This chapter shall not restrict or replace cost recovery from funding sources available under state and federal regulations, including but not limited to the revolving fund established under Section 311(K) of the Federal Water Pollution Trust Fund established under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9611); the hazardous materials account of the Florida Division of Emergency Management Operating Trust Fund established under F.S. Ch. 252 and the Florida Coastal Protection Trust Fund established under F.S. Ch. 376.
This chapter shall not restrict or replace any legal remedy or cause of action otherwise available to the City of South Pasadena or responsible party.