(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COSTS. Necessary and reasonable costs incurred by the city in connection with responding to, investigating, mitigating, abating, cleaning and removing the release of hazardous substances. Such costs shall not include costs incurred for actual fire suppression services which are normally or usually provided by the city. Such costs include, but are not limited to:
(1) Disposable materials and supplies acquired, consumed and expended as a result of the release.
(2) Overtime costs for compensation of city employees for the time devoted specifically to the release.
(3) Rental or leasing of equipment used specifically for the release.
(4) Replacement costs for equipment that is contaminated beyond reuse or repair as a result of the release.
(5) Decontamination of equipment contaminated during the release.
(6) Special technical services specifically required as a result of the release.
(7) Other special services specifically required as a result of the response, e.g., utilities.
(8) Laboratory costs for purposes of analyzing samples taken during the release.
(9) Costs associated with the services, supplies and equipment procured for a specific evaluation.
(10) An hourly labor charge for each employee responding and an hourly operations and maintenance charge for each vehicle responding. There shall be a minimum three (3) hour charge for each response. The city department incurring any of the above-described costs shall keep a detailed record thereof.
HAZARDOUS SUBSTANCE. Any substances or materials defined or listed as a hazardous substance,
pollutant or a contaminant in any applicable federal or state law or regulation or any substances or materials in a quantity or form which, in the determination of the respective Fire Chief or his/her authorized designee, poses an imminent risk to the life, health, safety, or welfare of persons or property within the City of Pompano Beach.
PERSON. One or more individuals, partnerships, corporations, joint ventures, associations, or any other entity or any combination thereof.
RELEASE. Any intentional or unintentional action or omission resulting in the discharging, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance upon public or private property located within the corporate limits of the city and which, in the sole determination of the Fire Chief or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the city. RELEASE also means substantial threat of release.
(B) Any person or persons responsible for causing or allowing a release of a hazardous substance in the city shall reimburse the city for all costs incurred by the city in connection with such release, within 60 days after receipt of an itemized bill for such costs from the city. There shall be assessed a late payment fee of the greater of $50 per day or 1% of the total amount of such bill per day for each additional day that the bill for such costs remains unpaid.
(Ord. 2012-09, passed 11-8-11)