[HISTORY: Adopted by the City Council of the City of Grand Ledge 11-9-1998 by Ord. No. 448. Amendments noted where applicable.]
Emergency management — See Ch. 17.
The City of Grand Ledge finds that a significant potential exists for responses to incidents involving the release or threatened release of hazardous materials. Such incidents create a likelihood of personal injury or property damage. The control and abatement of such incidents places a significant financial and operational burden upon a City's fire-fighting, rescue and emergency medical services and other City resources. The City finds that this chapter is necessary to establish the liability for such incidents and to establish a policy and methods which will allow the City to seek recovery of City costs associated with emergency responses to hazardous material incidents.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application:
- The City of Grand Ledge.
- COMPRESSED GAS
- Any material regulated as a compressed gas by the United States Department of Transportation through regulations found in 49 CFR 173.300.
- EMERGENCY RESPONSE
- The providing, sending and/or utilizing of police, fire-fighting, emergency medical and rescue services by the City, or by a private industrial entity, corporation or other assisting government agency operating at the request or direction of the City or State of Michigan, for an incident resulting in a hazardous materials release or threatened release or the clean up or abatement of same.
- EXPENSES OF AN EMERGENCY RESPONSE
- The direct and reasonable costs incurred by the City, or by a private person, corporation or other assisting government agency, which is operating at the request or direction of the City, when making an emergency response to the hazardous materials incident, including the costs of providing police, fire fighting, rescue services, emergency medical services, containment, storage, clean up and abatement of all hazardous materials and conditions at the scene of the incident. The costs further include all salaries, wages or fringe benefits of City personnel responding to the incident, salaries and wages of City personnel engaged in the investigation, supervision and report preparation regarding the incident, all salaries, wages or fringe benefits of personnel of assisting government agencies operating at the request or direction of the City, and all costs connected with the administration of the incident relating to any prosecution of the person(s) responsible, including those relating to the production and appearance of witnesses at any court proceedings in relation thereto. Costs shall also include such items as disposable materials and supplies used during the response to said incident, the rental or leasing of equipment including protective equipment and clothing, used for the specific response, replacement of equipment which is contaminated beyond reuse or repair during the response to said incident, special technical services and equipment, laboratory costs and equipment, laboratory costs and equipment services and supplies purchased for any specific evacuation relating to the incident. Additional costs may include decontamination of equipment contaminated during the response; other special services required for the emergency response; costs associated with the services; medical expenses incurred as a result of response activities; legal expenses that may be incurred as a result of the emergency response, including efforts to recover expenses pursuant to this chapter.
- Any material regulated as a Class A or Class B explosive by the United States Department of Transportation through regulations found in 49 CFR 173.53 and 173.88.
- FLAMMABLE LIQUID
- Any material regulated as a flammable liquid by the United States Department of Transportation though regulations found in 49 CFR 173.115.
- FLAMMABLE SOLID
- Any material regulated as flammable solid by the United States Department of Transportation though regulations found in 49 CFR 173.150.
- HAZARDOUS MATERIAL
- Explosives, pyrotechnics, compressed gas, flammable liquid, flammable solid, combustible liquid, oxidizing material, poisonous gas, poisonous liquid, poisonous solid, irritating material, etiological material, radioactive material, corrosive material or liquefied petroleum gas and also including, but not limited to, any of the following:
- A. Any material listed in the list of toxic pollutants found in 40 CFR 401.15, as amended, or in any other federal law or regulation;
- B. Any material designated as hazardous material by state or federal law or regulation, or City Ordinance; or
- C. Any otherwise nonhazardous material released is a hazardous material for the purposes of this chapter if its presence causes a potential hazard to vehicular or pedestrian traffic.
- Any person having a vested or contingent interest in the premises, real property, personal property, container or vehicle involved in the hazardous materials incident, including but not limited to any duly authorized agent or attorney, purchaser, devisee or fiduciary of said person having said vested or contingent interest.
- OXIDIZING MATERIAL
- Any material regulated as an oxidizing material by the United States Department of Transportation through regulations found in 49 CFR 173.151.
- Individuals, firms, joint ventures, partnerships, corporations, clubs and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, contractor, employee, agent or fiduciary, and includes all legal representatives, heirs, successors and assignees thereof.
- Any liquid or gas that is life threatening when mixed with air in small amounts, and shall also include all those materials regulated as poison Class A by the United States Department of Transportation through regulations founding 49 CFR 173.326.
- Any lot or parcel of land, exclusive of building, and includes a parking lot, tourist camp, trailer camp, airport, stockyard, junkyard, wharf, pier, public roadway and any other place or enclosure, however owned, used or occupied.
- RADIOACTIVE MATERIAL
- Any material required by the United States Department of Transportation to have type A packaging or other special protection or closed transport vehicles, under regulations found in 49 CFR 173.425.
- Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing which causes damage or harm to person(s), property, natural resources, the public health or the environment.
- THREATENED RELEASE
- Any imminent or impending event potentially causing but not resulting in a release which causes the City to undertake emergency response.
- Any mode which is used as an instrument of conveyance, including but not limited to motor vehicles, railroads, boats, aircraft, etc.
Any person causing or contributing to the causing of a release or threatened release shall be liable to the City for the expenses of emergency response.
The following persons shall be jointly and severally liable to the City for the payment of all costs and expenses incurred by the City as a result of emergency response, cleanup or abatement costs activity:
Any person whose negligent or willful act or omission proximately causes such release or threatened release;
The owner, operator, occupant or other person responsible for the operation, maintenance and/or condition of any building, premises, property or vehicle;
The person who owned or had custody or control of the hazardous material or the material at the time of such release or threatened release without regard to fault or proximate cause; and
The person who owned or had custody or control of the container which held hazardous material at the time of or immediately prior to such release or threatened release without regard to fault or proximate cause.
The expense of an emergency response shall be a charge against the person(s) liable for the expenses under this chapter. The charge constitutes a debt of the person(s) and is collectible by the City in the same manner as an obligation under contract, express or implied.
The City personnel and departments involved in an emergency response shall keep an itemized record of recoverable costs resulting from a release or threatened release including an emergency action/response. Promptly after completion of any emergency response, the appropriate City department shall certify those expenses to the City Manager.
Costs of the City shall not include costs of actual fire suppression services which are normally or usually provided by the Fire Department in situations not involving hazardous materials.
The City may, within 10 days of receiving itemized costs, or any part thereof incurred for an emergency response, submit a bill for those costs by first class mail or personal service to the person(s) liable for the expenses as enumerated under this chapter. The bill(s) shall require full payment within 30 days from the date of mailing or service or service of said bill upon the responsible person.
Any failure by the person described in this chapter as liable or responsible for expenses of an emergency response to pay said bill within 30 days of mailing or service of the bill shall constitute a default on said bill. In case of default, the City, by resolution of the City Council, shall have the right and power to add all emergency response costs to the tax roll of such property involved in the hazardous materials incident, and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes against said property or premises. The City shall also have the right to bring action in a court of competent jurisdiction to collect said costs if the City deems such action to be necessary.
The City Council may, by resolution, adopt a schedule of the costs included within the expense of an emergency response. This schedule shall be available at the office of the City Clerk for inspection by the public during regular business hours.
Nothing in this chapter shall be construed to conflict with state or federal laws requiring persons responsible for or causing a release or threatened release from engaging in remediation activities or paying the cost thereof, or both.
The remedies provided by this chapter shall be in addition to any other remedies available in equity or at law and such penalties as provided by law or ordinance.
All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this chapter takes effect are hereby saved, and such proceedings may be consummated under and according to this chapter in force at the time such proceedings are or were commenced. This chapter shall not be construed to alter, affect or abate any pending prosecution or proceeding or prevent prosecution or proceeding hereafter instituted under any ordinance specifically or implied repealed by this chapter and any changes thereto for any liabilities incurred or offenses committed before the effective date of this chapter and all proceedings pending at the effective date of this chapter for any liabilities incurred or offenses committed before the effective date of this chapter may be continued or instituted under and in accordance with the provisions of any ordinance in force at the time of the liability incurred or commission of such offense.