[Adopted 12-7-1992 by Ord. No. 69; amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The purpose of this article is to recover expenses
incurred by the Public Safety Department responding to an emergency
hazardous material incident.
For purposes of this article, the following
definitions shall apply:
A spill, leakage, release, or other dissemination of three
of same of any hazardous materials requiring immediate action to mitigate
a threat to public health, safety or welfare.
Includes, but not limited to, the actual labor costs to the
Township and its personnel, including workers' compensation benefits,
fringe benefits, administrative overhead, costs of equipment operation,
costs and materials, costs of disposal, costs of any contract labor
and materials, and those costs associated with an emergency hazardous
materials incident, in order to ensure the safety of the Township
and its populace. Expenses shall also include the charges or costs
incurred by the Township as a result of a HazMat unit response to
an emergency hazardous materials incident.
Includes all those materials designated as hazardous by the
State of Michigan in Public Act 307 of 1982, as amended,[1] or by the Federal Superfund Amendment and Reauthorization
Act (SARA), as amended.
The vehicle provided by the Township of Blackman, individually
or pursuant to an agreement with the City of Jackson, equipped with
apparatus designed to provide emergency service in situations involving
a spill, leak, accident or other similar occurrence involving hazardous
materials.
Any individual, firm, company, association, society, corporation,
partnership, or group, including their officers and employees, who
are either listed as the owner of record by the Jackson County Register
of Deeds, have a land contract vendee interest in, or are listed as
the taxpayer of record for the real property where the emergency hazardous
material incident occurred, or have title, use, possession or control
of the hazardous material or the vehicle used to transport same.
Any individual, firm, company, association, society, corporation,
partnership, or group, including their officers and employees, who
has responsibility for or actual involvement in the emergency hazardous
materials incident.
[1]
Editor's Note: See now MCLA § 324.20101
et seq.
In the event a spill, leakage, release, or other
dissemination of any hazardous material has occurred, the Township
Public Safety Director, or his/her authorized representative, shall
determine whether such occurrence constitutes an emergency hazardous
materials incident, and if so determined, the Township may take immediate
steps to abate and control the hazardous materials.
In the event of an emergency hazardous materials
incident, all owners or persons who have responsibility for or involvement
in the emergency hazardous materials incident shall be jointly and
severally liable to the Township for any expenses incurred in responding
to said emergency hazardous materials incident. In the event said
owner or person fails to pay said expenses within 60 days after the
Township mails its invoice of expenses to said owner or person, the
Township may take such collection efforts to recover said expenses
that it deems appropriate, including, but not limited to, adding the
unpaid expenses to the real property tax bill of the owner of the
real property where the hazardous materials emergency occurred, and
collecting the same in the same manner that ad valorem property taxes
are collected; provided, however, such unpaid expenses may not be
added to the tax bill of any real property unless the owner, or person
in charge of or responsible for said real property, has a connection
or involvement with the hazardous material that resulted in an emergency
hazardous materials incident.
Payment of an invoice for expenses incurred
by the Township under this article shall not constitute an admission
of guilt or responsibility under any other ordinance, law, rule or
regulation.
