[HISTORY: Adopted by the City Commission of the City of South Pasadena 10-10-2006
by Ord. No. 2006-07. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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.
Ensuring the safety of the public, both on and off the site of the hazardous
materials incident.
Repairing or replacing equipment if said equipment was damaged or destroyed
as a direct result of the hazardous materials incident.
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.
Contract labor and equipment utilized by the City of South Pasadena
for emergency response, incident assessment, control, containment and abatement
of the immediate hazard.
Overtime costs for compensation of City of South Pasadena employees
for the time devoted specifically to the hazardous materials incident.
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.
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.
Decontamination of equipment that is contaminated during the hazardous
materials incident.
Laboratory costs for purposes of analyzing samples taken during the
release.
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
