(A) Hazardous Materials Fund established. The town hereby establishes a Hazardous Materials Response Fund (“Fund”) pursuant to I.C. 36-8-12.2 et seq. This fund shall be administered by the town’s fiscal officer, and the expenses of administering the fund shall be paid from money in the fund. Money in the fund not currently needed to meet the obligations of the fund may be invested in the same manner as other public funds. Interest that accrues from these investments shall be deposited in the fund.
(B) Appropriations. There shall be no reversion of the Hazardous Materials Fund or any moneys placed into the Hazardous Materials Response Fund to the general fund of the town. Funds from the Hazardous Materials Fund may be appropriated by the Town Council as required and as permitted by this chapter.
(C) Money collected. Moneys received from the billing of and/or collected from the Fire Department responding to hazardous materials emergencies shall be deposited into the Hazardous Materials Response Fund. HAZARDOUS MATERIALS EMERGENCIES shall mean an occurrence that:
(1) Involves the uncontrolled release or imminent uncontrolled release of a hazardous material into the environment; and
(2) Creates the possibility of harm to:
(a) Human health;
(b) Property; or
(c) The environment.
(D) Permitted uses of the fund. The Hazardous Materials Response Fund and the moneys therein may be used only for the following:
(1) Purchase of supplies and equipment used in providing hazardous materials emergency assistance;
(2) Training for members of the Fire Department in skills necessary for providing hazardous materials emergency assistance; or
(3) Payment to persons with which the Fire Department contracts to provide services related to the hazardous materials emergency assistance provided by the Fire Department.
(Ord. 04-18-2017-2, passed 4-18-17)