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(A) A "response fee" shall be paid to the city for all costs incurred by the city as a consequence of any remedial action taken by the city. The "response fee" shall be paid by the responsible party or parties as elsewhere defined in this chapter. The "response fee" shall be the total sum of the "primary response fee"; and "hourly fee" times the number of hours that the specialized Response Team is on site; and, all other out-of-pocket costs and expenses.
(B) The primary response fee shall be in the sum of $200. The hourly fee will be in the amount of $100 per hour. The hourly fee shall be for the entire Specialized Response Team and shall be rounded to the nearest dollar for all hours that the Specialized Response Team is at the remediation site.
(C) In addition to the primary response fee and the hourly fee, all out-of-pocket costs, as elsewhere defined in this chapter, shall be assessed.
(Ord. 99-4997, passed 9-21-1999)
The following are excluded from the scope of this chapter.
(A) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
(B) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
(C) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
(D) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of technically qualified individuals.
(E) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.
(Ord. 99-4997, passed 9-21-1999)
Upon request to an owner or operator of a facility which files a hazardous materials permit fee form under this chapter, the owner or operator of the facility shall allow the Fire Department and/or Emergency Services and Disaster Agency to conduct an on-site inspection of the facility and shall provide to the Fire Department and Emergency Services and Disaster Agency specific location information on hazardous chemicals at the facility.
(Ord. 99-4997, passed 9-21-1999)
Any violation of this chapter shall constitute a petty offense and shall be punishable by a fine according to the general penalty of § 10.99 upon conviction. Each day of violation shall constitute a separate offense and shall be chargeable and punishable separately. Any person found guilty of the violation of this chapter shall be assessed court costs in addition to any fine assessed.
(Ord. 99-4997, passed 9-21-1999; Am. Ord. 2009-5281, passed 9-15-09)