For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXPENSE OF A HAZMAT EMERGENCY RESPONSE. The actual or reasonably calculated direct or indirect costs of the township or other governmental entity, including the township’s Fire Department or private individual or corporation operating at the request or direction of the township or the township’s Fire Department, when making a HAZMAT emergency response. The EXPENSE OF A HAZMAT EMERGENCY RESPONSE may include, but is not limited to:
(1) The salary, wages and fringe benefits of the township and/or the township’s Fire Department personnel, as set from time to time by resolution of the Township Board;
(2) Reasonable charges for the use of township and/or the township’s Fire Department equipment and resources, as set from time to time by resolution of the Township Board;
(3) Charges for the rental or purchase of machinery and equipment;
(4) Fees and costs of contractors, consultants, engineers and attorneys; and
(5) Charges imposed by local, state or federal governmental entities.
HAZARDOUS MATERIAL. Any hazardous material, as defined in the Fire Prevention Code, Public Act 207 of 1941, being M.C.L.A. Chapter 29, as amended, or as may be so changed by any other state or federal statute or regulation.
HAZARDOUS SUBSTANCE. A hazardous substance, as defined in the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.11501 et seq., as amended, or as may be so changed by any other state, federal statute or regulation.
HAZMAT. Hazardous material or hazardous substance, as defined in this section.
HAZMAT EMERGENCY RESPONSE. The providing of services by the township and/or the township’s Fire Department, or a private individual or corporation operating at the request or direction of the township and/or the township’s Fire Department, or a private individual or corporation operating at the request or direction of the township and/or the township’s Fire Department, in response to an incident, occurring on public or private property, which involves hazardous materials or hazardous substances and which may pose threat to the public health, safety or welfare, or to the environment and which requires immediate action to mitigate the threat.
RESPONSIBLE PARTY. Any individual, firm, corporation, association, partnership, joint venture, governmental entity (to the extent not prohibited by law) or other entity which is the owner or operator or is in charge of or in possession of the property or vehicle to which a HAZMAT emergency response is directed or whose actions or inactions caused or contributed to causing the incident which necessitated the HAZMAT emergency response.
VEHICLE. Any motor vehicle or non-motor vehicle, including, but not by way of limitation, cars, trucks, semi-tractors, motorcycles, vans, trailers, trains, aircraft, watercraft or earth-moving equipment.
(Prior Code, § 71.002) (Ord. 168, passed 6-13-1986; Ord. 98-6, passed 8-1-1996)