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0690 Emergency Cost Recovery 2010CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 690 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING CHAPTER 8.52 EMERGENCY COST RECOVERY TO ALLOW RECOVERY OF COSTS ASSOCIATED WITH CLEANING UP SPILLS OF HAZARDOUS SUBSTANCES; PROVIDING DEFINITIONS; PROVIDING FOR THE BILLING AND ENFORCEMENT; ADOPTING A FEE SCHEDULE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Intent. Historically the fire department costs have been funded by ad valorem property taxes however the Fire Department and Police Department are increasingly called upon to do nontraditional emergency responses such as providing control and cleanup for the spilling of hazardous materials. Because those incidents are frequently caused by the negligence of a particular person, the City Council believes as a matter of policy that those costs should not be borne by the taxpayers of the City. Section 2. Chapter 8.52. The following Chapter 8.52 is hereby adopted: CHAPTER 8.52 EMERGENCY COST RECOVERY 8.52.010 P=ose. The purpose of this ordinance is to enable the City to require reimbursement from: A. Those responsible for (either intentionally, accidentally, or as a result of actions by others) or owning or controlling property affected by, the leaking, spilling, releasing or allowing certain hazardous substances or materials to escape containment; thereby requiring the City and/or its agents, to provide emergency containment, cleaning and/or disposal of hazardous substances or materials, or for the securing and prudent monitoring of the site of an accident, including those involving public or private utilities. B. Those responsible for (either intentionally, accidentally, or as a result of actions by others) or owning or controlling property affected by or involved in an Ordinance - Page 1 chubbuck062910 hazmat cost recovery ordinance.wpd emergency incident including vehicle fires, illegal fires, extrication from vehicles involved in accidents, and accident related clean up. 8.52.020 Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A. Accident. An unforeseen or unexpected happening or occurrence which of itself causes great harm or damage, or which creates the potential for great harm or damage to individuals and/or property, and which requires immediate and prudent securing and monitoring by the City, and/or agents of the City, to reduce the potential for such damages, but not including emergency incidents. B. Hazardous Substances or Materials. Any substance (including, liquids, gasses or vapors) which if spilled, leaked or otherwise released from its container, is dangerous or harmful to the environment or human or animal life, health or safety or otherwise constitutes a danger, threat or nuisance to the public health, safety or welfare. Hazardous materials shall include, but not be limited to, such substances as chemicals and gases, explosives, radioactive materials, petroleum or petroleum based products, poisons, biologic agents, flammable, combustibles, hazardous wastes or corrosives, those substances defined in Idaho Code §79-7103(4), engine oil, gasoline, antifreeze and other lubricants used in motor vehicles. The Fire Chief or Chief s designee shall have reasonable discretion to determine whether any particular substance constitutes a hazardous material. C. Emergency Incident. Emergency incident means a vehicle fire, an illegal fire, extrication from vehicles involved in accidents and accident related clean up. D. Emergency Response. The providing, sending and/or utilization of public works, police, fire and/or rescue services by the City at an emergency incident or at an incident involving release of a dangerous or hazardous substance or material, or an accident requiring immediate and prudent securing and monitoring by the City and/or agents of the City. Ordinance - Page 2 chubbuck062910 hazmat cost recovery ordinance.wpd F. Expense of an Emergency Response. The expense for an accident or emergency incident shall be according to a fee schedule adopted from time to time by resolution by the City Council. The fee structure enacted in Resolution 13-2006 of the Chubbuck City Council is reaffirmed. 2. For all other emergency responses or any accident or emergency incident not contemplated by the fee schedule, the expense shall be the direct costs incurred by the City in making an appropriate emergency response to an accident or incident, including the costs of providing police, firefighting and rescue services, public works and/or other City personnel or the services of other agents of the City, at the scene of an incident or accident. Related administrative costs, which for agents of the City shall be 15% of the actual charge to the City, accruing after the occurrence of such incident or accident are also included. Such costs and expenses shall include the salaries or wages, workers compensation benefits and fringe benefits of the personnel responding to the incident or accident and the costs of equipment and materials used. G. Illegal Fire. Illegal fire means a fire set or determined to have been set in violation of a federal, state or local law and shall include an arson fire, a fire set in violation of a "no burning" ban or order and/or a fire set without required permit. H. Responsible Party. Responsible party means any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity responsible for an emergency incident or any owner, tenant, occupant or party in control of real and/or personal property from which, unto which or related to which there is a public safety or fire emergency incident and their heirs, estates, successors and assigns. 8.52.030 Duty to Remove and Clean Un. It shall be the duty of any person, firm corporation, public or private utility or any other entity directly or indirectly causing, contributing Ordinance - Page 3 chubbuck062910 hazmat cost recovery ordinance.wpd to or allowing the leakage, spillage or any other release of dangerous or hazardous substances or materials, or owning or controlling property affected thereby or requiring the securing and monitoring of sites or locations of accidents to immediately secure, monitor and clean up the area or location in such manner that the area or location involved is fully restored to the condition existing prior to such occurrence. The City shall have not duty to contain, clean up or dispose of any release of hazardous substances or materials, or other materials, but in emergency situations the Fire Chief or Chief of Police, or their designees, shall have the authority to take whatever action is reasonably necessary to protect the health, safety and welfare of the general public including securing and monitoring sites of accidents or providing for or arranging for the containment, removal or clean up of any hazardous substances or materials. The City shall inspect the site to insure that cleanup has been fully completed. 8.52.040 Failure to Remove and Clean Un. Any person or entity failing to comply with Section 8.52.030 shall be liable to the City and shall reimburse the City for all costs and expenses, including the costs incurred by the City or any agents the City engages, for the complete abatement, cleanup, restoration and/or securing the affected area. 8.52.050 Submittal of Bill. The City shall, upon receiving itemized costs incurred for an emergency response, submit a bill for the same by first class mail or personal delivery to any person or entity liable for these expenses as previously enumerated under this chapter. The bill shall be due and payable within 30 days from date of billing. 8.52.060 Enforcement. If any person or entity fails to reimburse the City as provided, the City shall have the right to refer the matter to a collection agency and/or bring an action in the appropriate court to collect such costs. If such person or entity is the owner of real property affected or partially affected by the release of hazardous materials or requiring emergency securement or monitoring, the City shall have the right to make a special assessment for any and all costs of cleanup, restoration and/or of any emergency response and levy the same against such real property in accordance with Idaho Code §50-1008. Ordinance - Page 4 chubbuck062910 hazmat cost recovery ordinance.wpd ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this :%-'o day of O %fV 6e,0— , 2010. ven MI.England, Mrff"4�0R ATTEST: hmua �Uhow--� Richard Morgan, CIT6t CLERK Ordinance - Page 5 chubbuck062910 hazmat cost recovery ordinance.wpd