[HISTORY: Adopted by Board of Trustees of the Charter Township of Northville 7-11-1991 as Ch. 32 of the Code of Ordinances. Amendments noted where applicable.]
The purpose of this chapter is to protect the health, safety and welfare of the residents of the Charter Township of Northville, and further to enable the Charter Township of Northville to secure reimbursement of costs and expenses from those responsible for the leaking, spilling or otherwise allowing certain dangerous or hazardous substances or materials to escape containment and to recover costs associated with incendiary fires.
As used in this chapter, the following terms shall have the meanings indicated:
- DANGEROUS, HAZARDOUS SUBSTANCES OR MATERIALS
- Dangerous, hazardous substances or materials are defined as any substance which is spilled, leaked or otherwise released from a container, which is harmful to the environment or human or animal life, health or safety, or is obnoxious by reason of odor, or is a threat to the public health, safety or welfare, and shall include but not be limited to such substances as chemicals and gases, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, flammable or corrosives. Hazardous substances include:
- A. A chemical or other material which is or may become injurious to the public health, safety or welfare or the environment;
- B. Hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980;
- C. Hazardous waste as defined in the Hazardous Waste Management Act (MCL 324.11101 et seq.); and
- D. Petroleum as defined in the Leaking Underground Storage Act (MCL 324.21301a et seq.).
- EMERGENCY RESPONSE
- The cleanup or removal of a released hazardous substance or the taking of other actions as may be necessary to prevent, minimize, or mitigate injury to the public health, safety or welfare, or the environment.
- EQUIPMENT OPERATION, MANPOWER COSTS
- Include, but is not be limited to, Township Fire, Police, Building and Water Departments, Mutual Aid Departments, Western Wayne County Mutual Air Association, Hazardous Materials Response Team, or any other agencies that may assist in the emergency response.
- EXPENSE OF AN EMERGENCY RESPONSE
- Reasonable costs incurred by the Charter Township of Northville in making an appropriate response to the incident, including the costs of providing police, fire-fighting and rescue services, Water and Sewer Department services, Building Department services, and mutual aid provided through additional police and fire service, including but not limited to the Western Wayne County Fire Department Mutual Aid Association Hazardous Materials Response Team, at the scene of the incident. It shall include, but not be limited to actual labor costs of personnel, including worker compensation benefits, fringe benefits, administration overhead, costs of equipment operation, costs of materials obtained directly by the Township and the costs of any contract for labor materials.
It shall be the duty of any person or any other entity which causes or controls leakage, spillage or any other dissemination of dangerous or hazardous substances or materials to immediately remove such, and to clean up the area of such spillage in such a manner that the area involved is fully restored to its condition prior to such happening. The Northville Township Fire Department, in conjunction with the Environmental Protection Agency (EPA) and/or the Department of Natural Resources (DNR), will inspect said site to make sure the cleanup is in compliance with federal, state and local guidelines.
If proper action is not taken under § 90-3, the Township shall have the right, but not the obligation, to remove and clean up in accordance with § 90-3. Any such person or entity which fails to comply with § 90-3 hereof shall be liable to and shall pay the Township for its emergency response costs and expenses, including the cost incurred by the Township to any party which it engages, for the completed abatement, cleanup and restoration of the affected area. Costs under this section shall not include actual fire suppression services which are normally or usually provided by the Township.
If any person or entity who causes or controls leakage, spillage or any other dissemination of hazardous substances or materials fails to remove and clean up as required by § 90-3, that person or entity will be responsible to reimburse the Township for its emergency response expense. The Township shall have the right to bring action in the appropriate court to collect such costs if it deems such action necessary.
The expense of emergency response shall be a charge against the person liable for any expenses listed in this chapter. The charge constitutes a debt of that person and is collectible by the Charter Township of Northville in the same manner as in the case of an obligation under contract, expressed or implied.
No employee, officer, elected official, ranking fire or police officer shall be liable for any costs or damages incurred as a result of the enforcement of any provisions of this chapter.
The Charter Township of Northville Fire Department shall have the ability to recover all costs associated with the extinguishment and investigation of fires which are determined to have been deliberately set. Costs shall be assessed to the individual or individuals responsible for the fire(s). All assessments shall be paid in full within 30 calendar days. The Township shall also have the right to bring an action in the appropriate court to collect costs if it deems such action necessary.