§ 93.046 CHARGES FOR USE OF HAZ-MAT TEAM BY SHIPPERS, VEHICLE USERS.
   (A)   Shippers and other owners or users of vehicles who cause or suffer leaks or spills of potentially dangerous or toxic materials or other potentially dangerous situations involving hazardous or toxic materials, within the city, for which leaks, spills or other situations occur and Squad One (Hammond Fire Department’s initial response vehicle) and/or Squad Two (Hammond Fire Department’s secondary response vehicle) respond, shall reimburse the city a fee of $200 per hour, or fraction of an hour, per vehicle responding. Reimbursement shall be made within 30 days of billing.
   (B)   Shippers and other owners or users of vehicles, who cause or suffer leaks or spills of hazardous or toxic materials or other potentially dangerous situations involving hazardous or toxic materials within the city shall reimburse the city for any Fire Department equipment or services used and returned, used and discarded, damaged, lost, spent, destroyed or rendered irreparable. Reimbursement shall also cover the cost of any equipment, materials or services required of any city department that assists or provides equipment, materials or services to the response. Reimbursement shall also cover the costs of any medical treatment and/or evaluations required by any Hazardous Material Responder, who has been injured or exposed to a dangerous, hazardous or toxic material, during the response to an incident. All services, equipment or materials covered in this subparagraph shall be reimbursed at actual or replacement cost. Reimbursement shall be made within 30 days of billing.
   (C)   Shippers and other owners or users of vehicles, who cause or suffer leaks or spills of hazardous or toxic materials or other potentially dangerous situations involving hazardous or toxic materials within the city, for which leaks, spills or other situations where more than one member of the Haz-Mat Team responds, shall reimburse the city for the man-hours (or fraction thereof) involved in the response, as follows: The regular, appropriate-by-rank hourly rate of pay for each Haz-Mat Team Responder involved, plus the regular, by rank, overtime rate per hour per responder. Reimbursement shall be made within 30 days of billing.
   (D)   When the city’s Hazardous Materials Coordinator (who is also the city’s Director of Environmental Management) or any member of his or her staff responds to a shipper’s (or other vehicle owner’s) leak or spill of hazardous or toxic materials or other potentially dangerous situation involving hazardous or toxic materials within the city, the shipper or other vehicle owner or user shall reimburse the city for those man-hours (or fraction thereof) involved in the response, at the rate of 1-1/2 times their regular hourly rate of pay. Reimbursement shall be made within 30 days of billing.
   (E)   Shippers and other owners or users of vehicles, who cause or suffer leaks or spills of hazardous or toxic materials or other potentially dangerous situations involving hazardous or toxic materials within the city, for the clean-up of which separate clean-up contractors must be called in (in the determination of the responding Training or Chief Officer), shall assume and bear full responsibility for the payment for the clean-up directly to the clean-up contractor.
(Prior Code, § 93.36) (Ord. 4993, passed 1-13-1986; Am. Ord. 5023, passed 4-14-1986; Am. Ord. 6042, passed 4-13-1987; Am. Ord. 7402, passed 8-12-1991)