§ 95.06  HAZMAT REGULATIONS.
   (A)   It has been found that the storage, handling and dispensing of hazardous substances within the city has the potential for creating a dangerous situation that may adversely affect the health, safety, and general welfare of the citizens of the city.
   (B)   For the purpose of this section, the following definitions shall apply:
      HAZARDOUS MATERIAL. A substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to health and safety or property when transported in commerce.
      RESPONSIBLE PARTY. A person who:
         (a)   Owns or has custody of hazardous materials that is involved in an incident requiring emergency action, by an emergency response agency; or
         (b)   Owns or has custody of bulk or non-bulk packaging or a transport vehicle that contains hazardous material that is involved in an incident requiring emergency action by an emergency response agency; and
         (c)   Who causes or substantially contributed to the cause of the incident.
   (C)   Therefore, a "response fee" shall be paid to the City Fire Department by the person, corporation, or entity which created the hazard, or which owned the materials or chemicals. The fee shall be determined by the primary response fee, the hourly rate plus the cost incurred at the scene of the hazardous incident. The "response fee" shall be itemized for invoicing purposes.
      (1)   Primary response fee, for any response involving the Fire Department, ESDA, or Specialized Response Team: $300.
      (2)   An hourly fee will commence when on-site scene action is initiated by the ESDA, Local Fire Departments, or the Specialized Response Team and continue until the incident is concluded and the team has cleared the scene and is back in service. Hourly rate: $100 due and payable to each piece of equipment or truck responding to the incident. There will also be assessed a fee of $50 per trained person per hour.
      (3)   Costs incurred shall include any and all reasonable costs and expenses incurred by the city or county, its agencies, representatives, Specialized Response Team, and/or fire departments responding to the incident. Costs include but are not limited to contractual services, wages, salaries, damaged or destroyed equipment, spill control supplies, protective clothing, fire fighting or vapor suppressing foam, cleanup activities, medical care and medical supplies. When reimbursement is requested for damaged or destroyed equipment, spill control supplies, protective clothing, fire fighting or vapor suppressing foam, the cost will be calculated at the replacement value, not the depreciated value.
(Ord. 1301, passed 10-5-04)