White Oak Township
Ordinance to establish charges for Township emergency services responding to hazardous material emergency release and threatening release
Ordinance # 12
THE TOWNSHIP OF WHITE OAK, INGHAM COUNTY, MICHIGAN ORDAINS: Section 1: Purpose
In order to protect White Oak Township from incurring expenses resulting from the utilization of Township resources to respond to an incident involving hazardous materials, the Township Board authorizes the imposition of charges to recover reasonable and actual costs incurred by the Township in responding and/or contracting with third parties to respond to calls in connection with a hazardous materials release and threatened releases.
Section 2: DEFINITION
- Hazardous Materials. For purposes of this ordinance, “hazardous materials ” shall include all those materials designated as hazardous by the State of Michigan in Public Act 307 of 1982, as amended, or by the Federal Superfund Amendment and Reauthorization Act (SARA) as amended and also includes but are not limited to, explosives, pyrotechnics, flammable compressed gas, flammable liquid, combustible liquid, oxidizing material, poisonous gas, poisonous liquids, poisonous solids, irritating material, etiological material, radioactive material, corrosive material, liquefied petroleum gas, organic peroxide, an oxidizer, and acids.
- Release (Incident). “Release (Incident)” shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous material which mayor does cause damage or harm to persons, property, natural resources, the public health, or environment. Releasing shall also include hazardous materials that become air born as a result of fire, explosion, or accident.
- Threatened Releases. “Threatened Releases” shall mean any imminent or impending event potentially causing but not resulting in a release that causes the Township or parties contracting with the Township to undertake emergency responses.
- Township. “Township” shall mean the Township of White Oak.
- VEHICLE. Vehicle shall mean any mode that is used as an instrument of conveyance including but not limited to motor vehicles, railroads, boats, and aircraft.
- Responsible Party. “Responsible Party” means any individual, firm, corporation, association, partnership, commercial entity , consortium, joint venture, government entity or any other legal entity that accidentally, negligently, or intentionally causes or 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 from which hazardous materials are released or threatened releases .
- Owner. “Owner” means any person or entity having a vested or contingent interest in the property, either real or personal, premises, building, container, or vehicle involved in the hazardous material incident, including but not limited to any duly authorized agent or attorney, purchaser, contractor, employee, devisee, or fiduciary of said person having said vested or contingent interest.
- Emergency Response. “Emergency Response” means the providing, sending, and/or utilizing police, fire fighting, emergency medical for rescue service, or those services contracted by the Township or by a private industrial entity, corporation, or other assisting governmental agency operating at the request or direction of the Township, County, fire department, or State of Michigan, for an incident resulting in a hazardous material release or threatened release or the containment, clean-up or abatement of the same.
Section 3: 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 where an incident arises which involves the release or threatened release of hazardous materials on or about said building, premises, property and/or vehicle shall be required to reimburse the Township for all expenses of an emergency response to said hazardous materials incident.
Section 4: Charges Imposed on Responsible Party Charges for an emergency response means the direct and reasonable costs incurred by the Township, or by a private person, corporation, assisting government agency, or parties contracting with the Township which are operating at the request or the direction of the Township, when making an emergency response to the hazardous material release or threatened release, including the cost of providing police, fire fighting, rescue services, emergency medical service, evacuations, containment, abatement, and clean-up of all hazardous conditions at the scene of the incident which charges shall be imposed upon the responsible parties jointly and severally. The charge incurred in responding to the hazardous material release or threatened released include but are not limited to the following:
A. Costs or expenses are defined as actual financial expenses incurred by the fire department, police departments and/or any other departments or agencies contracting with the Township, or entities for or on behalf of the Township, including all actual out-of-pocket expenses attributable to the response, control, containment, storage or clean-up of any hazardous materials release or threatened release and the cost for providing police, fire fighting, rescue services, and emergency medical services for any hazardous materials release or threatened release including cost of equipment operations and personnel, costs of materials utilized, meals for all personnel involved in the incident, costs of specialists, medical expenses for exposures, injuries or illnesses resulting from an incident, experts or other contract labor not in the employment of the Township, costs incurred by area fire or police departments requested through mutual aid agreements with the Township or its agents, if any, costs for evacuation relating to the incident, costs of providing housing, care, medical attention, food, and supplies for persons evacuated as result of the incident, and any other incidental costs incurred by the Township as a result of said incident, as well as any billings received by the Township for such costs.
B. Other expenses incurred by the Township or its agents in responding to the hazardous materials release or threatened release, including, but not limited to, rental or purchase of machinery, equipment, labor, consultants, legal and engineering fees, medical and hospitalization costs for any person, and the replacement costs related to disposable personal protection equipment, extinguishing agents, supplies, water purchased from municipal water systems and meals and refreshments for personnel while responding to the hazardous materials release or threatened release.
C. Charges to the Township or its agents imposed by any local, state, or federal government entities related to the hazardous materials incident.
D. Cost incurred in accounting for all hazardous material incident related expenditures, including billing and collection costs.
Section 5: Billing Procedures
A. Billing: The Township upon 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 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.
B. Late Charge: For any amounts due that remain unpaid after thirty (30) days, the Township shall impose a late charge of seven percent (7%) per annum.
C. Failure to Pay: Procedure to Recover Costs: Any failure by the person described in this Ordinance 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 Township 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.
Section 6: Other REMEDIES The Township 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 including actual attorney fees incurred by the Township in collecting such charges. 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. Section 7: Severability The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby and shall remain in full force and effect. GENERAL Ordinance Certification I hereby affirm that this ordinance was duly adopted by the White Oak Township Board at its regular meeting held on 13th day of May 1996. Ayes (five), Nays (none), Abstentions (none), Absent (none). This Ordinance shall take effect thirty days after its publication.
Carole Oesterle, Clerk
White Oak Township