§ 33.10  FEE SCHEDULE FOR COST RECOVERY OF HANDLING HAZARDOUS MATERIALS EMERGENCIES.
   (A)   Purpose and intent. The duties of emergency management agencies and fire department include controlling and eliminating hazardous material emergencies in the village. The EMA, fire departments have the authority to summarily remove, abate or remedy hazardous material emergencies in the village that are dangerous or prejudicial to the public health and/or public safety. These actions shall include on-site or off-site areas where hazardous materials are handled, produced, stored or transported. The expense of controlling and eliminating the hazardous material that is the subject of the emergency shall be borne by the owner or by the person or entity in possession of the hazardous material at the time of the emergency if the owner cannot be readily determined. Nothing herein shall prejudice the owner or party in possession from seeking recovery for the charges incurred herein from another party; but regardless of rights of action against others, the owner or party in possession, whichever the case may be, shall promptly pay the charges referenced herein.
   (B)   Charges.
      (1)   EMA. Emergency management agency or a designated representative of the local governing body shall have the authority to make a charge for administration services, including travel associated with hazardous material cleanup. Charges could include but are not limited to highway spills, unlawful hazardous dump cleanup and emergency evacuation. Charges shall be based on an hourly rate adopted and reflected in the agencies' annual budget by the Village Commissioners for the fiscal year. Charges for materials used in cleanup such as absorbents and containment material shall be the actual replacement cost.
      (2)   Other village services. If other village services such as equipment, etc., are contracted for, these will be paid at cost, comparable to private contract costs. These village services are for emergency containment only and not for cleanup and disposal.
   (C)   Billing. The agency rendering the service shall be responsible for all billing and collection procedures. The Chimney Rock Village Billing Department will bill for all village services.
   (D)   Definition of hazardous material. Hazardous material is defined as solid, liquid or gaseous material, or the combination of thereof, which because of the quantity, concentration or physical, chemical or infectious characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(Ord. passed 5-19-2020)