CHAPTER 13
COST RECOVERY FOR HAZARDOUS MATERIALS EMERGENCIES

SECTION:

12-13-1: Purpose

12-13-2: Definitions

12-13-3: Recovery Authorization And Procedure

12-13-4: No Admission Of Liability

12-13-5: Action To Recover Costs

12-13-1: PURPOSE:

This Chapter shall provide procedures for recovering costs incurred by the City for City assistance in a hazardous materials emergency pursuant to 53-2-105, Utah Code Annotated.

(Ord. 2000-6, 1-4-2000)

12-13-2: DEFINITIONS:

A used in this Title the following terms shall have the meanings designated:

EXPENSES: The actual labor costs of government and volunteer personnel including workers' compensation benefits, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of disposal and the cost of any contract labor and materials.

HAZARDOUS MATERIALS EMERGENCY: A sudden and unexpected release of any substance that, because of its quantity, concentration or physical, chemical, or infectious characteristics, presents a direct and immediate threat to public safety or the environment, and requires immediate action to mitigate the threat.

(Ord. 2000-6, 1-4-2000)

12-13-3: RECOVERY AUTHORIZATION AND PROCEDURE:

The City is hereby empowered to recover from any person whose negligent or intentional act caused the City or any assisting agency to incur any expenses directly associated with responding to a hazardous materials emergency. These expenses may be collected in accordance with the following procedures:

   A.   The City shall determine responsibility for the hazardous materials emergency and notify the responsible party in person or by mail (first class, postage prepaid) of the City's determination of responsibility and the costs to be recovered.

   B.   The notice shall specify that the determined responsible party may appeal the City's decision to the Mayor, who may designate a hearing officer to hear the appeal. Any appeal shall be filed, in writing, with the City Recorder's office not more than thirty (30) days from the date of service of notice. The date of service of notice shall be the date of personal delivery or three (3) days after the date of mailing, as applicable.

   C.   In the event the determined responsible party appeals the determination, the hearing officer shall hold a hearing to consider any issues raised by the appeal, at which hearing the appealing party and the City shall be entitled to present evidence in support of their respective positions.

   D.   The hearing officer shall, after the hearing, make a recommendation to the Mayor who shall issue a final decision assessing responsibility and expenses.

(Ord. 2000-6, 1-4-2000)

12-13-4: NO ADMISSION OF LIABILITY:

The payment of expenses determined owing under this Chapter does not constitute an admission of liability or negligence in any legal action for damages.

(Ord. 2000-6, 1-4-2000)