1064.11 HAZARDOUS WASTE; DEPOSITS; CLEAN-UP OR ABATEMENT; LIABILITY FOR COSTS.
    (a)   Hazardous waste shall be the responsibility of the person who produced, used or possessed the same and shall not be disposed of within the City, or allowed to be collected, stored or transported within the City, without the written approval of the City Manager. The Hazardous Waste Management Act of Michigan, Public Act 64 of 1979, as amended, shall apply where appropriate.
   (b)   The Fire Department is hereby authorized to clean up or abate the effects of any hazardous waste deposited upon or into property or facilities within the City. Any person who intentionally or negligently causes such deposit shall be liable for the payment of all costs incurred by the Fire Department as a result of such clean up or abatement activity. The remedy provided by this subsection shall be in addition to any other remedies provided by law.
   (c)   For purposes of this section, costs incurred by the Fire Department shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including workers' compensation benefits, fringe benefits and administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials.
   (d)   The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the Fire Department.
   (e)   The provisions of this section shall apply to all costs incurred by the City not recovered through the Hazardous Waste Service Fund of the Hazardous Waste Management Act of Michigan, Public Act 64 of 1979, as amended.
(Ord. 20-87. Passed 9-8-87.)