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Part 104
104.000 COST RECOVERY; HAZARDOUS WASTE CLEAN-UP Ord. No. 80 Adopted: January 14, 1997
An ordinance to establish charges for Reading Community Fire
Department emergency services responding to an incident involving
hazardous materials under Public Act 102 of 1990 (MCL41.806a) and
to provide methods for the collection of such charges..
THE CITY OF READING, HILLSDALE COUNTY, MICHIGAN AND THE
TOWNSHIP OF READING, HILLSDALE COUNTY, MICHIGAN, ORDAINS:
104.001 Purpose.
Sec. 1. In order to protect the Reading Community Fire
Department from incurring extraordinary expenses resulting from
the utilization of Reading Community Fire Department resources to
respond to an incident involving hazardous material, the Reading
City Council and the Reading Township Board authorizes the
imposition of charges to recover reasonable and actual costs
incurred by the Reading Community Fire Department in responding
to calls for assistance in connection with a hazardous materials
release.
104.002 "Hazardous materials" defined.
Sec. 2. For purposes of this ordinance, "Hazardous
materials" include, but are not limited to a chemical that is a
combustible liquid, a flammable gas, explosive, an organic
peroxide, an oxidizer, pyrophoric, unstable reactive or water
reactive.
104.003 "Release" defined.
Sec. 3. Any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, leaching, dumping or disposing
into the environment.
104.004 "Responsibility party" defined.
Sec. 4. Any individual, firm, corporation, association,
partnership, commercial entity, consortium, joint venture,
government entity or any other legal entity that is responsible
for a release of 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.
104.005 Charges imposed upon responsible party.
Sec. 5. Where the Reading Community Fire Department responds
to a call for assistance in connection with a hazardous material
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. $100[.00] per hour, or fraction thereof, for each
pumper required, in the opinion of the officer in
command, to stand by at the hazardous materials
incident. For each hour, or fraction thereof, that the
pumps are activated, an additional sum of $100.00 per
hour shall be charged.
B. $100[.00] per hour, or fraction thereof, for each water
tender required, in the opinion of the officer in
command, to be utilized in responding to a hazardous
materials incident.
C. $50[.00] per hour, or fraction thereof, for each
additional Reading Community Fire Department owned
vehicle required, in the opinion of the officer in
command, to be utilized in responding to the hazardous
materials incident.
D. All personnel-related costs incurred by the Reading
Community 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 fire fighters; overtime pay and related fringe
benefit costs for hourly employees, and fire run fees
paid to on call fire fighters. Such personnel-related
charges shall commence after the first hour that the
fire department has responded to the hazardous
materials incident and shall continue until all fire
department personnel have concluded hazardous materials
incident-related responsibilities.
E. Other expenses incurred by the Reading Community 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, and the replacement costs
related to disposable personal protective equipment,
extinguishing agents, supplies, water purchased from
municipal water systems and meals and refreshments for
personnel while responding to the hazardous materials
incident.
F. Charges to the Reading Community Fire Department
imposed by any local, state or federal government
entities related to the hazardous materials incident.
G. Costs incurred in accounting for all hazardous material
incident-related expenditures, including billing and
collection costs.
104.006 Billing procedures.
Sec. 6. Following the conclusion of the hazardous materials
incident, the fire chief shall submit a detailed listing of all
known expenses to the fire department treasurer, who shall
prepare an invoice to the responsible party for payment. The
Treasurer's invoice shall demand full payment within thirty (30)
days of receipt of the bill. Any additional expenses that become
known to the Reading Community Fire Department fire chief
following the transmittal of the bill to the responsible party
shall be billed in the same manner on a subsequent bill to the
response party.
For any amounts due that remain unpaid after thirty (30)
days, the Reading Community Fire Department shall impose a late
charge of one percent (1%) per month or fraction thereof.
104.007. Other remedies.
Sec. 7. The Reading Community Fire Department may pursue any
other remedy or may institute any appropriate action or
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 the liability of
responsible parties under local ordinance or state or federal
law, rule or regulation.
104.008 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 effect [affect] the validity
or enforceability of the balance of this ordinance which shall
remain in full force and effect.
104.009 Effective date.
Sec. 9. This ordinance shall take effect immediately. All ordinances in conflict are hereby repealed.
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