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Hazardous Material, Spill Cost Recovery
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GENOA TOWNSHIP, LIVINGSTON COUNTY, MICHIGAN
ORDINANCE FOR HAZARDOUS MATERIAL SPILL COST RECOVERY
ORDINANCE NO. 961118
An Ordinance to establish charges for Township
emergency services responding to an incident involving hazardous materials
under Public Act 102 of 1990. (MCLA 41.806a) and to provide methods for the
collection of such charges.
GENOA TOWNSHIP ORDAINS:
Section 1. Purpose. In order to protect the Township from
incurring extraordinary expenses resulting from the utilization of Township
resources to respond to an incident involving the spill release or discharge
of hazardous materials, or the improper handling or storage of hazardous
materials, the Township board shall recover from the responsible parties the
reasonable and actual costs incurred by the Township in responding to calls
for assistance in connection with hazardous materials release.
Section 2. Definitions.
- "Costs" and "Township Costs" mean any and all
expenses incurred by the Fire, Police and Public Works Departments and
/or any other department hired by the Township to supply services to
the Township to supply services to the Township, whether direct or
indirect, and shall include, but not be limited to, expenses
attributable to the responses, control or abatement of any hazardous
materials release, including costs of equipment, operations and
personnel, costs of materials utilized, fringe benefit costs, overhead
costs, costs of meals for all personnel involved in the incident, cost
of specialist, medical expenses for exposures, injures or illnesses
resulting from the incident, costs of experts or other contract labor
or services not in full-time employment of the Township costs incurred
by area fire departments requested through costs incurred by the
Township as a result of said incident.
- "Facility" means any area, place or property where a
hazardous material has been released, deposited, stored or disposed of
or otherwise comes to be located.
- "Fire Department" means any fire department rendering
service to Genoa Township.
- "Hazardous Materials" means any of the following:
1. Substances or materials in quantity or form which, in the
determination of the Fire Chief of the fire department responding to
the release of hazardous materials or his or her authorized
representative, pose an unacceptable risk or danger to the public
health, safety, or welfare, the environment, or property, and shall
include, but not be limited to, such substances as chemicals,
explosives, radioactive materials, petroleum or petroleum products,
gases, poisons, etiologic (biologic) agents, flammables and
corrosives.
2. Hazardous substances as defined in the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,
Public Law 96-510, 94 State, 2767, as amended.
3. Hazardous substances as defined in Part 201 of Act No. 451 of
the Public Acts of 1994 of The State of Michigan, as amended.
4. Hazardous waste as defined in Part 111 of Act. No. 451 of Public
Acts of 1994 of the State of Michigan, as amended.
5. Petroleum as described in Part 213 of Act. No. 451 of the Public
Acts of 1994 of the State of Michigan, as amended.
6. "Person" means an individual, sole proprietorship,
partnership, joint venture, trust, firm, joint venture, trust, firm,
joint stock company, corporation, limited liability company or any
other legal entity.
7. "Release" means any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing of a hazardous substance into the
environment, or the improper handling or storage thereof, or the
abandonment or discharging of barrels, containers, or other
receptacles containing a hazardous substance.
8. "Threatened Release" means any circumstance that may
reasonable be anticipated to cause a release.
Section 3. Responsibility for Abatement, Control and Costs; Use
of Outside Contractors or City Forces. Any Person who accidentally,
negligently or intentionally causes or is responsible for any release,
spill, or the improperly handling or storage of any hazardous materials in
the Township shall be responsible and liable for the abatement, control,
capture, removal and proper storage or disposal of such hazardous materials
and for all cost associated therewith. Such responsible party shall have the
option to secure and hire a firm qualified to abate, control, capture,
properly store, and dispose of these materials, or to request the Township
to do so. Provided, however, that if in the opinion of the Fire Chief of the
fire department responding to the release of hazardous materials immediate
action is necessary to reduce the risk of danger of harm to persons,
property, or the environment, the Fire Chief may direct the appropriate
response activities be immediately undertaken. All the costs incurred by the
Township for such activities shall be invoiced to and paid by the
responsible party. The remedy provided by law.
Section 4. Recovery of Costs. Costs to be recovered under this
chapter shall be those costs as defined in Section 2(A). If the responsible
party fails to pay the Township for cost incurred within thirty (30) days of
the date of the invoice sent by the Township to the responsible party, the
Township may institute legal action to collect the costs due, including
expenses, costs and reasonable attorney fees incurred to collect those
costs.
Section 5. Other Remedies. The Township may pursue any other
remedy, or may institute any appropriate action or proceeding 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.
Section 6. Severability. 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 remainder of this ordinance.
Section 7. Effective Date. This ordinance shall take effect
immediately upon publication. All ordinance or parts of ordinances in
conflict are hereby repealed.
This Ordinance was adopted on the 18th day of November 1996,
by the Genoa Township Board at a meeting duly scheduled for the conduct of
Township business.
RECORD OF VOTERS: Yeas - Seven
Nays - None
ABSENT: NONE
CERTIFICATION
I, Paulette A. Skolarus, hereby certify that, the foregoing
Ordinance Number 961118 was adopted by the Genoa Township Board at a
regular meeting held on November 18th, 1996, and a copy of the
Ordinance was published in the LCP & BA on November 27th,
1996.
PAULETTE A. SKOLARUS
Genoa Township Clerk
Dated: November 18th, 1996
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