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45 - HAZARDOUS MATERIALS INCIDENT COST RECOVERY

VILLAGE OF FAIRGROVE
 
TUSCOLA COUNTY, MICHIGAN
 
ORDINANCE NO. 45
 
HAZARDOUS MATERIALS INCIDENT COST RECOVERY
 
 
An ordinance to provide for cost recovery of a hazardous materials incident.
 
THE VILLAGE OF FAIRGROVE ORDAINS:
 
PURPOSE: The Village of Fairgrove finds that a significant potential exists for Police, Fire Department, and Rescue Services responses to incidents involving the release or threatened release of hazardous materials. Such incidents create a great likelihood of personal injury and/or property damage. The control and abatement of such incidents places a significant financial and operational burden upon the village police, fire fighting, and rescue services.
 
DEFINITIONS
 
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
 
“Emergency Response” means the providing, sending, and/or utilizing of police, fire fighting, emergency medical and rescue services by the Village, or by a private industrial entity or corporation operating at the request or direction of the Village or State of Michigan, for an incident resulting in a hazardous materials release or threatened release.
 
“Hazardous Material” means explosives, pyrotechnics, flammable compressed gas, flammable liquid, combustible liquid oxidizing materials, poisonous gas, poisonous liquid, poisonous solid, irritating material, eliological materials, radioactive material, corrosive material, liquefied petroleum gas, or any other hazardous material as defined in MCL 299.501.
 
“Building” means any structure used or intended for supporting or sheltering any use or occupancy.
 
“Premises” means any lot or parcel of land, exclusive of buildings, and includes a parking lot, tourist camp, trailer camp, airport, stockyard, junk yard, wharf, pier, public roadway, and any other place or enclosure, however owned, used or occupied.
 
“Owner” means any person having a vested or contingent interest in the property, premises, 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.
 
“Vehicle” means any mode which is used as an instrument of conveyance, including but not limited to motor vehicles, railroads, boats, aircraft, etc.
 
“Expenses of an Emergency Response” means the direct and reasonable costs incurred by the Village of Fairgrove, or by a private person, corporation, or other assisting government agency, which is operating at the request of the Village, when making an emergency response to the hazardous materials incident, including the costs of providing police, fire fighting, rescue services, emergency medical services, containment, and abatement of all hazardous conditions at the scene of the incident. The costs further include all of the salaries and wages of Village of Fairgrove personnel responding to the incident, salaries and wages of Village of Fairgrove personnel engaged in the investigation, supervision, and report preparation regarding said incident, all salaries and wages of personnel of assisting government agencies operating at the request or direction of the Village of Fairgrove 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. Cost shall also include but not limited to such items as disposable materials and supplies used during the response to said incident, the rental or leasing of equipment 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 laboratory cost, services, and supplies purchased for any specific evacuation relating to said incident and any other cost reasonably associated with the Emergency Services Clean Up.
 
DUTY TO REMOVE AND CLEAN UP; FAILURE TO REMOVE AND CLEAN UP
 
Duty to Remove: It shall be the duty of the owner, operator, occupant, or other person responsible for the operation, maintenance and/or condition of any building, premises, property or vehicle regarding which an incident arises which involves the release or threatened release of hazardous materials on or about said building, premises, property an/or vehicle to immediately contain and control such hazardous material and undertake and complete a total cleanup of the area in such a manner as to insure that all leakage, spillage, or other dissemination of hazardous material is fully removed and the area is fully restored to its condition prior to the placement, leakage, spillage, or other dissemination of such hazardous material.
 
Failure to Remove and/or Clean Up: In the event the owner, operator, occupant, or other person responsible for the operation, maintenance and/or condition of any building, premises, property, or vehicle regarding which an incident arises which involves the release or threatened release of hazardous materials on or about said building, premises, property, and/or vehicle, fails to remove in a timely manner, hazardous materials after an emergency response involving hazardous materials or comply completely with the above section, the Village of Fairgrove shall have the right to enter onto said property and remove and conduct a cleanup of all such hazardous materials either by governmental employees or by contractors and agents of said government. Prior to engaging in such cleanup, the Village of Fairgrove shall make diligent efforts to notify the owner of its duty to abate said emergency. All costs associated with such containment, control, removal, and cleanup are in addition to the costs associated in the following sections and are to be reimbursed in like manner.
 
LIABILITY FOR EXPENSE OF AN EMERGENCY RESPONSE
 
Person(s) Responsible: The owner, operator, occupant, or other person responsible for the operation, maintenance, and/or condition of any building, premises, property, or vehicle regarding which an incident arises which involves the release or threatened release of hazardous materials on or about said building, property, and/or vehicle shall be required to reimburse the Village of Fairgrove for all expenses of any emergency response to said hazardous materials incident.
 
SEVERABILITY
 
Charge Against Person: The expense of an emergency response shall be a charge against the person or corporation liable for expenses under this Ordinance. The charge constitutes a debt of that person or corporation and is collectible by the Village of Fairgrove in the same manner as in the case of an obligation under contract, express or implied.
 
 Cost Recovery Schedule: The Village of Fairgrove shall, by resolution, as soon as possible after an emergency response, adopt a schedule of the costs included within the expense of the emergency response. This schedule shall be available at the office of the Village Clerk for inspection by the public.
 
Billing: The Village of Fairgrove may, within ten (10) days of receiving itemized costs, or any part thereof, incurred for an emergency response, submit a bill for these costs by first class mail or personal service to the person or corporation liable for the expenses as enumerated under this Ordinance. The bill(s) shall require full payment within thirty (30) days from the date of mailing or service of said bill upon the responsible person.
 
Failure to Pay; Procedure to Recover Costs: Any failure by the person or corporation described in this Ordinance as liable or responsible for expenses of an emergency response to pay said bill within thirty (30) days of mailing or service of the bill shall constitute a default on said bill. In the case of default, the Village of Fairgrove shall have the right and power to add all emergency response costs to the tax roll as 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 Village of Fairgrove shall also have the right to bring action in a court of competent jurisdiction to collect said costs if the Village deems such action to be necessary.
 
NOTICE TO BE PUBLISHED
 
The Village clerk shall publish this Ordinance in the manner required by law, including notice of the fact that a complete copy of this Ordinance is available at the office of the Clerk for inspection by the public at all times.
 
CONFLICTING ORDINANCES REPEALED
 
Any and all other Ordinances inconsistent with the provisions of this Ordinance and any changes adopted thereto are, to the extent of such inconsistency, hereby repealed.
 
SEVERABILITY
 
If any Section, Subsection, Clause, Paragraph, or Provision of this Ordinance shall be adjudged invalid by a court of competent jurisdiction, such adjudication shall only apply to the said portion thereof adjudicated invalid, and the full remaining portions or parts of this Ordinance shall remain in full force and effect.
 
SAVINGS CLAUSE
 
All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this Ordinance consummated under and according to the ordinance in force at the time such proceedings are or were commenced. This Ordinance shall not be construed to alter, affect, or abate any pending prosecution or proceedings or prevent prosecution or proceeding hereafter instituted under any ordinance specifically or implied repealed by this Ordinance and any changes thereto for any liabilities incurred or offenses committed before the effective date of this Ordinance and all proceedings or prosecutions instituted after the effective date of this Ordinance for any liabilities incurred or offenses committed before the effective date of this Ordinance 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.
  
WHEN EFFECTIVE
 
This Ordinance shall be in effect in the governmental unit thirty (30) days after publication of Ordinance.
 
We hereby certify that the foregoing Ordinance was duly enacted by the Village Council of the Village of Fairgrove, Tuscola County, Michigan, on the 5th day of June 1995.
 
ADOPTED June 5, 1995.
 
                                                                                    __________________________________
                                                                                    LYNN C CRAMER, PRESIDENT
 
Attested
 
            ____________________________
            ANN MARIE BALL, CLERK
           
 
 
I hereby certify that the foregoing is a true and correct copy of an Ordinance duly adopted by the Common Council of the Village of Fairgrove on June 5, 1995 and that said Ordinance was published in The News Connection, a newspaper printed in the County of Tuscola, Village of Fairgrove, on the 19th day of June 1995.
 
 
 
                                                                                                ___________________________________
                                                                                                ANN MARIE BALL, CLERK

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