(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. As used in this section, PERSON means an individual, partnership, cooperative, firm, company, corporation, association, trust, estate, government entity, or any other legal entity or their legal representatives, agents, or assigns.
RESPONSE. As used in this section, RESPONSE means any and all instances when one or more members of the Hazardous Materials Response Team are called out to the scene of an incident involving the presence or suspected presence of dangerous, hazardous, or toxic substances.
RESPONSIBLE PARTY. As used in this section, the RESPONSIBLE PARTY means a person liable under division (B)(1) for reimbursement for costs and expenses associated with operation of the Hazardous Materials Response Team.
SUBSTANCES CONSIDERED AS DANGEROUS, HAZARDOUS OR TOXIC. The following substances shall be regarded as dangerous, hazardous, or toxic for purposes of this section:
(a) Substances listed in the latest edition of the U.S. Department of Transportation Guidebook for Hazardous Material Incidents;
(b) Substances listed in the latest edition of Dangerous Properties of Industrial Materials by H. Irving Sax and contain the terms dangerous, hazardous or toxic in the THR (Summary Toxicity Statement), or the Acute Toxicity Statement;
(c) Substances listed in the latest edition of the Condensed Chemical Dictionary by Gessner G. Hauley and the words dangerous, hazardous, or toxic are used in the “hazard” explanation used to categorize the substance;
(d) Substances listed in the latest edition of the Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act (EPCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and Section 112(r) of the Clean Air Act by the United States Environmental Protection Act (EPA); or
(e) Substances which must be removed, transported, or neutralized by the Response Team for the health, safety, or welfare of the citizens of the county or the waters, plants, or wildlife therein.
(B) Billing procedure; payment.
(1) Any person that uses, stores, handles, transports, or disposes of dangerous, hazardous, or toxic substances or materials or any substances or materials reasonably believed to be dangerous, hazardous, or toxic shall be liable to the county if such substances or materials are discharged or otherwise used in a manner necessitating a response by the Hazardous Materials Response Team. This includes responses to “hazardous materials emergencies” as defined under I.C. 13-11-2-97. Such liability shall be without regard to fault unless the fault is on the part of the county or the Hazardous Materials Response Team. The liability shall be in the amount of the reasonable and necessary costs and expenses incurred in connection with such response of the Hazardous Materials Response Team pursuant to the provisions of this section. If more than one person is liable under this section, the liability of such persons to the county shall be joint and several.
(2) The Coordinator of the Hazardous Material Response Team shall prepare and submit a billing to the responsible party for paying the costs and expenses identified in this section. The Coordinator shall submit the bill to the responsible party within 30 days following any reimbursable responses of the Hazardous Materials Response Team. However, failure to submit the bill within 30 days does not relieve the responsible party of responsibility under this section.
(3) A person responsible for reimbursing the county under the provisions of this section shall tender payment in satisfaction of the aforementioned billing no later than 30 days following receipt of the billing prepared and issued by the Coordinator of the Tippecanoe Department of Emergency Management. Failure to tender full payment within thirty 30 days shall subject the responsible party to a penalty equivalent to five percent of the billed amount for each day the responsible party fails to tender full payment.
(4) If a person objects to the aforementioned billing by the Coordinator of the Department of Emergency Management, the responsible party must file with the County Board of Commissioners a written objection to the billed amount along with a tender of payment for those amounts not in dispute. Upon receipt of such written objection, the County Board of Commissioners shall place the matter on the agenda of its next regularly scheduled meeting and shall allow the responsible party an opportunity to object to the billing. The County Board of Commissioners shall then deliberate and issue a written opinion concerning the appropriateness of the billed amount. If the responsible party objects to the decision of the County Board of Commissioners, a petition requesting judicial review of the decision of the Tippecanoe County Board of Commissioners shall be filed with the Tippecanoe County Circuit Court no later than 30 days from the date of the decision of the County Board of Commissioners. The County Circuit Court Judge shall conduct a hearing on the petition as expeditiously as is consistent with the Court’s calendar. The decision of the Circuit Court Judge shall be final unless the responsible party or the County Board of Commissioners appeal that decision pursuant to the appellate procedure for appeal of any civil matter.
(C) Reimbursement cost. The responsible party shall reimburse the county for reasonable and necessary expenses incurred in the response including, without limitation:
(1) If the Tippecanoe County Hazardous Materials Response Team is called to the scene of an accident, the responsible party shall reimburse the county (at replacement cost) for any Hazardous Materials Response Team equipment or supplies which are damaged, lost, spent, destroyed, rendered irreparable, or “used up” in responding to or managing the incident.
(2) In addition to the reimbursement obligations contained in division (C)(1) above, the responsible party shall be billed by the Coordinator of the Department of Emergency Management at the rate of $70 per hour for each member, including members employed or supplied by other local agencies, of the Hazardous Materials Response Team who is active at the site.
(3) Costs for use of equipment that is not “used up” or otherwise reimbursable under division (C)(1) shall be reimbursable at the rates set forth in the most current Indiana Department of Homeland Security Notice 3 for initial response and hourly response costs.
(4) Reasonable costs for any reasonable and necessary expenses incurred that are not otherwise described by divisions (C)(1) to (C)(3).
(D) Out-of-county assessment. In the event that the Hazardous Materials Response Team responds to an incident outside of the boundaries of the county, the responsible party shall be billed the sum of $2,000 per incident response. This charge shall be in addition to any and all charges for which the responsible party may be held liable under division (C) of this section. The provisions of division (B) of this section shall also be applicable to this out-of-county assessment.
(Ord. 96-30-CM, passed 6-3-96; Am. Ord. 2019-27-CM, passed 10-21-19)