(A) Definitions. For purposes of this section, the terms listed below shall have the following definitions:
(1) "Hazardous Material Response." Shall include any effort made by any member of the Union City Fire Department to protect the public from dangers that result from a spill or other release of a hazardous substance.
(2) "Hazardous Substance." Shall include any of the following:
(a) Any substance or mixture of substances which is toxic, corrosive, an irritant, a strong sensitizer, flammable, combustible or which generates pressure through decomposition, heat or other means and which may cause substantial personal injury or illness upon exposure.
(b) Any radioactive substance, if the Director of Public Health of the State of Indiana deems the substance sufficiently hazardous to require labeling in order to protect the public health.
(c) Any substance determined to be a hazardous substance by the United States Environmental Protection Agency under 42 U.S.C. 11002(a)(2).
(3) "Person." Shall mean an individual, partnership, co-operative, firm, company, corporation, association, trust, estate, government entity, or any other legal entity or their legal representatives, agents, or assigns.
(4) "Responsible Party." Shall mean the person whose actions created the dangerous situation involving hazardous or toxic wastes, as well as person who is otherwise obligated to assure safe storage, use and transportation of these materials.
(B) Liability for Clean Up of Hazardous Substances.
(1) Any person that uses, stores, handles, transports, or disposes of any hazardous substance or other substance reasonably believed to be a hazardous substance so as to necessitate a response by the Union City Fire Department to protect the public from dangers that result from a spill or other release of such substances shall be liable to the Union City Fire Department for reimbursement of the costs, fees and expenses necessarily incurred as a result of such a response.
(2) Any person who, as a result of that person's willful or negligent action, creates a situation involving hazardous substances which requires a response by the Union City Fire Department to protect the public from the dangers associated with the hazardous substance shall be liable to the Union City Fire Department for reimbursement of the costs, fees and expenses necessarily incurred as a result of such a response.
(3) The liability of the person described in divisions (1) or (2) above shall include the following:
(a) The cost of replacing any equipment of the Union City Fire Department which is lost, damaged, spent, destroyed or rendered valueless in the process of responding to an incident involving a hazardous substance, which includes the costs, fees and expenses associated with the response as well as the cleaning and disposal of the substance and cleaning materials following the clean up.
(b) The cost shall also include the actual or replacement costs of the following:
1. Wages, salaries and costs of contractual services required and actually used by personnel in the response of the Union City Fire Department in the hazardous material response;
2. Costs of spill control supplies or vapor suppressing foam used in the clean up;
3. Costs for medical care and medical supplies necessary for the care of persons injured in the course of the clean up;
4. Costs required to replace protective clothing damaged in the response; and
5. Any other reasonable costs and expenses allowable under IC 36-8-12.2.
(4) The Fire Chief or his or her designee shall prepare an itemized billing statement listing the costs associated with the hazardous material response as the same are allowed in the preceding paragraph and deliver the bill to the responsible person within 30 days of the hazardous material response.
(5) The responsible person shall tender payment for the billing delivered pursuant to the preceding paragraph within 30 days of the receipt of the billing statement. If the responsible person fails to make the payment within that period of time, the unpaid balance of the bill shall bear interest at the rate of 1.5% per month until the same is paid in full.
(6) If the person to whom the bill is submitted objects to the bill for any reason, that person must file a written objection to the bill detailing the specific objections with the Board of Public Works and Safety within 30 days of the receipt of the bill.
(7) Upon receipt of an objection to a bill submitted pursuant to division (6) above, the Board of Public Works and Safety shall place the matter on the agenda for the next regularly scheduled meeting of the Board in which the objecting person would have a minimum of seven days notice of the hearing date.
(8) The objecting person and the Fire Chief or his or her designee shall be given an opportunity to address the issues raised by the objecting person's written objection to the bill. Following the presentation of information by the objecting person and the Fire Chief or his or her designee, the Board of Public Works and Safety shall deliberate and then render a written opinion concerning the appropriateness of the bill.
(9) If the objecting person contests the decision of the Board of Public Works and Safety, he or she must file a petition requesting judicial review of that decision with the Randolph Circuit or Superior Court within 30 days of the date of the written decision.
(C) Hazardous Materials Reimbursement Fund.
(1) The Clerk of the City of Union City shall establish a fund for the deposit of all monies collected under this section per IC 36-8-12.2-8.1 and IC 36-8-12.2-8.
(2) Proceeds from this fund shall be expended per IC 36-8-12.2-8.
(Ord. 2008-17, passed 11-24-08)