(A) The following words, terms and phrases shall have the meaning ascribed to them in this section, unless the context of their usage clearly indicates another meaning:
BUSINESS ENTITY or PERSON.
Any corporation, sole proprietorship, partnership, limited partnership, firm or other similar entity, or any individual person, engaged in any commercial, business or industrial transactions of any nature.
HAZARDOUS MATERIALS.
Any substance defined under Section 101 (14) of CERCLA; any biological agent or other disease-causing agent which, after release into the environment and upon exposure, ingestion, inhalation, or assimilation by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such persons or their offspring; any substance listed by the U.S. Department of Transportation as hazardous materials under 49 CFR 172.101 and appendices; or any hazardous waste as defined under 29 CFR 1910.120.
RESPONSIBLE PARTY.
All persons involved in the possession, ownership or transportation of any hazardous material that is released or abandoned, or who have legal liability for the causation of an incident resulting in the release or abandonment of any hazardous materials.
SERVICE.
A response by one or more Fire Department units to an incident involving a leakage, spill and/or other release and/or abandonment of any hazardous material.
SERVICE CALL.
The period of time from the arrival of Fire Department units at the site where the service is to be performed, to the return of all department units to an available status.
(B) In order to partially defray the costs incurred by the city for providing hazardous materials service by the Fire Department, charges are hereby established to be paid and collected from the responsible party.
(1) For service calls of one hour or less, the responsible party shall pay for expendable supplies, plus an additional 20% of the cost of the expendable supplies.
(2) For service calls of more than one hour, the responsible party shall pay $100 per quarter hour for every quarter hour, or portion thereof, over the first hour. The responsible party shall also pay for expendable supplies, plus an additional 20% of the cost of the expendable supplies.
(C) If the responsible party cannot be identified or refuses to remedy all hazardous conditions created by leakage, spill and/or other release and/or abandonment of a hazardous material, the Fire Department may contract with a third party to complete the necessary remedial measures. The responsible party shall pay for all third party costs, plus an additional 20% of third party cost, associated with the hazardous materials remediation.
(D) It shall be the duty of each responsible party to report any incident involving any leakage, release, spill or abandonment of any hazardous materials to the Fire Department immediately upon the discovery of the same, or as soon thereafter as possible.
(E) Notwithstanding any other provision of this section, any individual who constitutes a responsible party as hereinabove defined shall not be required to pay charges authorized under division (B) of this section if all of the following conditions are met:
(1) The responsible party does not illegally dispose of nor abandon substances deemed as hazardous materials; and
(2) The individual otherwise responsible or liable for the release of a hazardous material is not involved in the possession, ownership or transportation of the hazardous material as the employee, agent or servant of any business entity or person; and
(3) The individual involved in the possession, ownership or transportation of the hazardous material released is so involved solely for private, non-commercial purposes related to the individual's own residential property, real property or private personal property, and the individual receives or is to receive no compensation for any services involving the hazardous materials; and
(4) The hazardous material possessed, owned or being transported by the individual are in forms, quantities and containers ordinarily and lawfully available for sale as consumer products to members of the general public.
(F) This section shall not apply to any hazardous materials possessed, owned or transported by the city, the state (including its political subdivisions) or the federal government.
(Ord. 07-2004-41, passed 7-27-04)