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Ordinance #27 - Hazardous Materials Incident - Fire Department
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HAZARDOUS MATERIALS ORDINANCE-FIRE DEPARTMENT
(Ord. No. 27)
 
An Ordinance to establish charges for the Fire Department's emergency services responding to an incident involving hazardous material under Public Act 102 of 1990 CM.C.L. 41.806a) and to provide methods for the collection of such charges.
 
THE TOWNSHIP OF BERRIEN, BERRIEN COUNTY, MICHIGAN OR­DAINS:
 
The provisions of this ordinance shall apply to services provided by the Pipestone-Berrien-Eau Claire Fire Department of which Pipestone Township, Berrien Township and the Village of Eau Claire, all of Berrien County, Michigan, are members, herein referred to as the “Fire Department.
 
190.001           Purpose.
 
Sec. 1. In order to protect the Township from incurring extraordinary ex­penses resulting from the utilization of the Fire Department's resources to respond to an incident involving hazardous materials, the Berrien Township Board authorizes the imposition of charges to recover reasonable and actual costs incurred by the Fire Department in responding to calls for assistance in connection with a hazardous materials release.
(Ord. No. 27, Adopt. Jan. 14, 1997)
 
190.002           "Hazardous materials" defined.
 
Sec. 2. For purpose of this ordinance, “hazardous materials" include, but are not limited to, a chemical that is a combustible liquid, a flammable gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable reactive or water reactive.
(Ord. No. 27, Adopt. Jan. 14, 1997)
 
190.003           "Release" defined.
 
Sec. 3. Any spilling, leaking, pumping, pouring, emitting, emptying, discharg­ing, injecting, leaching, dumping or disposing into the environment.
(Ord. No. 27, Adopt. Jan. 14, 1997)
 
190.004           "Responsible party" defined.
 
Sec. 4. Any individual, firm, corporation, association, partnership, commer­cial entity, consortium, joint venture, government entity of any other legal entity that is responsible for a release of a hazardous material, either actual or threatened, or is an owner, tenant, occupant or party in control of property onto which or from which hazardous materials release.
(Ord. No. 27, Adopt. Jan. 14, 1997)
 
190.005           Charges imposed upon responsible party.
 
Sec. 5. When the Fire Department responds to a call for assistance in connection with a hazardous materials release, actual costs incurred by the Fire Department responding to such a call shall be imposed upon responsible parties, including, but not limited to:
 
A.     Three hundred dollars ($300.00) per hour, or fraction thereof, for each unit required, in the opinion of the officer in command, to stand by at the hazardous material incident. For each hour, or fraction thereof, that the pumps are activated an additional sum of one hundred dollars ($100.00) per hour shall be charged.
B.     A fifteen-dollar per hour, per firefighter, or fraction thereof, in the opinion of the officer in command, to be utilized in responding to the hazardous materials incident.
C.     All personnel-related costs incurred by the Fire Department as a result of responding to the hazardous materials incident. Such costs may include, but are not limited to, wages, salaries and fringe benefits and insurance for full-time and part-time firefighters, full-time and part-time municipal employees and elected officials acting in their official capacity, overtime pay and related fringe benefit costs for hourly employees, and fire run fees paid to on-call firefighters. Such personnel-related charges shall commence after the first hour that the Fire Department has responded to the hazardous materials incident, and continue until all personnel have concluded hazard­ous materials incident-related responsibilities.
D.     Other expenses incurred by the Fire Department in responding to the hazardous materials incident, including but not limited to, rental or purchase of machinery, equipment, labor, consultants, legal and engineering fees, medical and hospitalization costs, and the replacement costs related to any contaminated equipment, extinguishing agents, supplies, water pur­chased from municipal water systems and meals and refreshments for personnel while responding to the hazardous materials incident.
E.      Charges to the Fire Department imposed by any local, state or federal government entities related to the hazardous materials incident.
F.      Costs incurred in accounting for all hazardous material incident-related expenditures, including bill and collection costs.
(Ord. No. 27, Adopt. Jan. 14, 1997)
 
190.006           Billing procedures.
 
Sec. 6. Following the conclusion of the hazardous materials incident, the Fire Chief shall prepare a detailed listing of all known expenses and invoice to the responsible party for payment. The invoice shall demand full payment within thirty (30) days of receipt of the bill. Any additional expenses that become known to the Fire Chief following the transmittal of the bill to the responsible parties shall be billed in the same manner on a subsequent bill to the responsible party. For any amounts due that remain unpaid after thirty (30) days, the Fire Department shall impose a late charge of one (1) percent per month, or fraction thereof.
(Ord. No. 27, Adopt. Jan. 14, 1997)
 
190.007           Other remedies.
 
Sec. 7. The Township may pursue any other remedy, or may institute any appropriate action of proceeding, in a court of competent jurisdiction to collect charges imposed under this ordinance. The recovery of charges imposed under this ordinance does not limit liability of responsible parties under local ordinance or state or federal law, rule or regulation.
(Ord. No. 27, Adopt. Jan. 14, 1997)
 
190.008           Severability.
 
Sec. 8. Should any provision or part of the within ordinance be declared by any court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of this ordinance which shall remain in full force and effect.
(Ord. No. 27, Adopt. Jan. 14, 1997)
 
190.009           Effective date.
 
Sec. 9. This ordinance shall take effect thirty (30) days after publication. All ordinances or parts of ordinances in conflict are hereby repealed.
(Ord. No. 27, Adopt. Jan. 14, 1997)
 


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