This chapter does not apply to an occurrence involving the release or imminent release of less than 25 pounds of active ingredient of substance or combination of substances that:
(A) Was commercially produced and sold as a fertilizer, fungicide, herbicide, or pesticide; and
(B) Is, at the time of the occurrence, in the possession of an individual who acquired the substance or combination of substances with the intent to use it for the purposes intended by the commercial producer:
(1) In a dwelling owned and occupied by the individual;
(2) In the yard owned or occupied by the individual;
(3) On a farm owned by the individual.
(Ord. 6140, passed 10-25-99)
The following words and phrases used in this chapter shall be defined as follows:
(A) "EMERGENCY ACTION." Any action taken to prevent or minimize the harm to human health, to the environment, or to property from the uncontrolled release of a hazardous material.
(B) "EMERGENCY RESPONSE AGENCY."
(1) The state police;
(2) The environmental response branch of the state department of environmental management;
(3) A police department established under I.C. 36-8-2-2;
(4) A fire department established under I.C. 36-8-2-3;
(5) A volunteer fire company established under I.C. 36-8-12;
(6) Any agency of a governmental entity, or any combination of agencies of governmental entities that provide:
(a) Fire fighting services;
(b) Emergency rescue services;
(c) Emergency medical services;
(7) Any agency of a governmental unit, or combination of representatives from governmental units that provide manpower, equipment, or supplies at the scene of a hazardous materials emergency.
(C) "HAZARDOUS MATERIALS." A material or waste that has been determined to be hazardous or potentially hazardous to human health, to the environment, or to property by:
(1) The United States Environmental Protection Agency, Nuclear Regulatory Commission, Department of Transportation, or Occupational Safety and Health Administration;
(2) The state waste management board.
The term shall include all of the hazardous materials identified in 49 CFR 172.101.
(D) "HAZARDOUS MATERIALS EMERGENCY." An occurrence that involves the controlled release or imminent uncontrolled release of a hazardous material into the environment and that creates the possibility of harm to human health, to property, or to the environment.
(E) "PERSON." An individual, a corporation, a limited liability company, a partnership or an unincorporated association.
(F) "PESTICIDE." A substance or a combination of substances commercially produced for use as:
(1) An insecticide;
(2) A rodenticide;
(3) A nematodicide.
(G) "RESPONSIBLE PARTY." A person who:
(1) Owns a hazardous material that is involved in a hazardous material incident;
(2) Owns a container or owns or operates a vehicle that contains hazardous materials that is involved in a hazardous materials emergency;
(3) Causes or substantially contributes to the cause of the hazardous materials emergency; or
(4) Owns real estate where a hazardous material emergency occurs and knew or should have known that hazardous material was being used, stored, or transported on the real estate.
(Ord. 6140, passed 10-25-99)
(A) Persons who are responsible parties in connection with a hazardous materials emergency shall reimburse an emergency response agency of the city for all reasonable and necessary expenses incurred by the emergency response agency in taking emergency action. Reimbursement shall be available under this section for expenses that are incurred by the emergency response agency in taking the emergency action, except for expenses of a type that the agency normally incurs in responding to emergencies that do not involve hazardous materials. Reimbursement for expenses is not available under this section if those expenses may be reimbursed by the federal government under Section 123 of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. 9623.
(B) An emergency response agency of the city may obtain reimbursement under division (A) of this section by filing an action for reimbursement in a court of general jurisdiction of the county in which a hazardous materials emergency arose.
(C) As a precondition to the filing of any such action, the city shall first serve a written notice on the responsible party making demand for the reimbursement and setting out the amount thereof. A reimbursement action shall not be filed until the expiration of 60 days from the date notice is mailed to the responsible party. Service by certified or registered mail to the last known address of the responsible party shall be sufficient to meet the requirements of this section.
(D) Any reimbursement costs which remain unreimbursed at the end of the 60 day period set out in division (C) of this section shall become subject to an enforcement action as provided herein.
(E) In addition to liability for non-payment of reimbursement costs, failure to pay the same within the 60 day period above referenced shall also render the responsible party liable to fines as hereinafter provided.
(Ord. 6140, passed 10-25-99)
The Kokomo Board of Public Works and Safety shall, from time to time, adopt a schedule of charges setting out an hourly rate for manpower (both regular and overtime) and equipment used in responding to hazardous materials emergencies by municipal emergency response agencies. All supplies and materials used shall be billed at a rate equal to their current replacement cost. The rates and charges so established shall be used in calculating the reimbursement charges authorized under § 53.03.
(Ord. 6140, passed 10-25-99)
Claims for reimbursement shall be prepared by the department head of the city department rendering the hazardous materials emergency response. The claim shall be forwarded to the office of the City Controller who shall prepare an itemized summary of charges and serve the same upon the responsible party as set out in § 53.03.
(Ord. 6140, passed 10-25-99)
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