The following terms, phrases, words, and their derivatives shall have the meaning given herein, unless the context otherwise requires:
(a) “Accident, including natural disaster” means an unforeseen or unexpected happening or occurring resulting in a hazardous or dangerous materials incident or emergency, which of itself causes great harm or damage, or which creates the potential for great harm or damage to individuals and/or property, and which requires immediate and prudent securing and monitoring by the City and/or agents of the City, to reduce the potential for such damage, but not including a hazardous or dangerous materials incident or emergency.
(b) “Assessable costs” means those costs for services (including police, fire, rescue, emergency medical services, emergency or municipal personnel, public works, and any other health and safety services) at the scene of a hazardous materials release or threatened release, incurred by the City, or a private person, corporation, or other assisting governmental agency, operating at the request or direction of the City. The term “assessable costs” includes but is not limited to the costs of providing:
(1) Disposable materials and supplies acquired, consumed and expended specifically for the purpose of responding to the hazardous materials release;
(2) All salaries, wages, and compensation of responding, supervising, investigating, reporting, and testifying City personnel where such services are required by responding to the hazardous materials release, the investigation of a hazardous or dangerous materials incident or emergency incident, or any prosecution or civil action brought in connection with such an incident. This shall include, but not be limited to the actual labor costs of the City (including without limitation: employee wages including overtime, fringe benefits, and administrative overhead, whether or not the services are provided by the City or by a third party at the request of the City, including, but not limited to any mutual aid association or party to an interlocal agreement);
(3) All salaries, wages including overtime, and compensation of responding, supervising, investigating, reporting and testifying personnel of any assisting governmental agency, including, but not limited to, any mutual aid association or party to an interlocal agreement, or consultant or contractor acting at the request or direction of the City where such services are required by a hazardous or dangerous materials incident or emergency, the investigation of any hazardous or dangerous materials incident or emergency situation, or any prosecution and/or civil action brought in connection with such an incident;
(4) Costs for the use of City owned vehicles and/or equipment, but only if the use of the vehicle and/or equipment would not have been necessary but for the hazardous or dangerous materials incident or emergency situation;
(5) Rental or leasing of equipment used specifically for the hazardous or dangerous materials incident or emergency (such as, but not limited to: protective equipment or clothing, scientific and technical equipment);
(6) The actual replacement costs for equipment that is contaminated beyond reuse or repair during a hazardous or dangerous materials incident or emergency;
(7) Decontamination of equipment contaminated during the hazardous or dangerous materials incident or emergency;
(8) Special technical services specifically required for the hazardous or dangerous materials incident or emergency (such as costs associated with the time and efforts of technical experts or specialists);
(9) Other special services specifically required for the hazardous or dangerous materials incident or emergency;
(10) Laboratory costs of analyzing samples taken during the hazardous or dangerous materials incident or emergency;
(11) Costs of cleanup, storage, or disposal of hazardous materials;
(12) Costs associated with the services, supplies and equipment procured for a specific evacuation;
(13) Medical expenses incurred as a result of hazardous or dangerous materials incident or emergency activities, including ambulance conveyance to a hospital;
(14) Service charges and interests;
(15) The cost of any type of chemical testing for blood alcohol content or for the presence of controlled substances and for videotaping of the driver, if applicable;
(16) Related administrative costs, which shall be 15% of the actual cost charged by the City, accruing after the occurrence of a hazardous or dangerous materials incident or emergency;
(17) Legal expenses that may be incurred as a result of the hazardous or dangerous materials incident or emergency situation, including efforts to recover expenses pursuant to this chapter, attorneys fees, expert witness fees, litigation costs, court costs, charges, fines, or penalties to the City imposed by any court or other municipal, State or Federal governmental entities;
(18) Costs incurred in accounting for the hazardous or dangerous materials incident or emergency expenditure, including billing and collection costs.
(c) “Emergency assistance” means response by emergency and/or other municipal personnel.
(d) “Emergency personnel” means police protection services, fire protection services, emergency medical services, public works services, other emergency health and safety services, and any other City personnel, consultant, or contractor provided by the City or by a private entity, corporation, expert, consultant, or other assisting governmental agency operating at the request or direction of the City or the State of Michigan at the request of the City, including but not limited to any mutual aid associations or party to an interlocal agreement.
(e) “Hazardous or dangerous material” means those elements, substances, wastes or byproducts, including but not limited to, combustible liquid, flammable gas, explosive flammables, poisons, organic peroxides, oxidizers, pyrophorics, unstable or reactive matter, water reactive matter, petroleum products, antifreeze, polychlorinated biphenyls and asbestos, or materials similar to those listed, which are or could be potentially harmful to the environment or human or animal life, or which pose an unreasonable or imminent risk of life, health or safety of persons or property, or to the essential balance of the environment as determined by the Fire Chief or his or her designee or the senior official of the City in charge at the scene. The term “hazardous materials” also includes hazardous materials defined by M.C.L.A. 286.452.
(f) “Hazardous or dangerous materials incident or emergency” means any occurrence, incident, activity, accident or emergency where a release of hazardous materials has occurred, or is reasonably imminent to occur, and where the Fire Chief or his or her designee has declared such activity, accident or emergency a hazardous or dangerous material incident or emergency.
(g) “Municipal personnel” means police protection services, fire protection services, emergency medical services, public works services, other emergency health and safety services, and other City personnel, consultants, or contractors provided by the City or by a private entity, corporation, expert, consultant, or other assisting governmental agency operating at the request or direction of the City, including but not limited to a mutual aid association and any parties to an interlocal agreement.
(h) “Release” means any actual or threatened spilling, leaking, pumping, pouring, emitting, or materials transported in a vehicle marked with placards identifying the measure of hazardous materials, emptying, discharging, injecting, leaching, dumping or dispensing of hazardous materials into the environment (including but not limited to: the air, soil, surface waters or groundwater, which causes danger or harm to the public health or environment), or the abandonment or discarding of barrels, containers, and other closed receptacles containing hazardous material.
(i) “Responsible party” means any individual, firm, corporation, partnership, association, commercial entity, consortium, joint venture, governmental entity or any other legal entity responsible for a hazardous or dangerous materials incident or emergency situation. Any owner, tenant, occupant or party, including the estate, heirs, successors and assigns of that responsible party who is in control of real or personal property from which, onto which, or related to a hazardous materials release. “Responsible party” will also include the individual or entity which requests an extraordinary use of municipal personnel.
(Res. 2012-133A. Passed 5-7-12. Eff. 5-16-12.)