§ 35.31.1  HAZARDOUS MATERIALS EMERGENCY ACTION REIMBURSEMENT.
   (A)   Definitions.
      FACILITY.  The same meaning herein as set forth in I.C. 36-8-12.2 and as it may be amended from time to time.
      FIRE DEPARTMENT.  The Vincennes Fire Department.
      HAZARDOUS MATERIALS EMERGENCY.  The same meaning herein as set forth in I.C. 36-8-12.2 and as it may be amended from time to time.
      RESPONSIBLE PARTY.  The same meaning herein as set forth in I.C. 36-8-12.2 and as it may be amended from time to time.
   (B)   Authority.  This section is adopted under authority of and shall be construed consistent with I.C. 36-8-12.2.
   (C)   Imposition of service charge.  There is hereby imposed a charge on a person or entity that is a responsible party with respect to a hazardous materials emergency that:
      (1)   The Fire Department responded to;
      (2)   Members of the Fire Department assisted in containing, controlling, or cleaning up;
      (3)   With respect to the release or imminent release of hazardous materials at a facility, involves a quantity of hazardous materials that exceeds the spill quantities of hazardous materials that must be reported under 327 IAC 2-6.1-5; and
      (4)   With respect to the release or imminent release of hazardous materials from a mode of transportation, involves a quantity of hazardous materials that exceeds the spill quantities of hazardous materials that must be reported under 327 IAC 2-6.1-6.
   (D)   Service charge billed to responsible party.
      (1)   The Fire Department may bill the responsible party or entity for the total value of the assistance provided, as determined from the State Fire Marshal's schedule of service charges issued under I.C. 36-8-12-16(e). The most current schedule of charges. as provided by the State Fire Marshal and as it may be amended from time to time, is hereby adopted.
      (2)   The Fire Department may not bill for services provided that duplicate services provided by another governmental entity.
      (3)   The responsible party billed for services under this section may elect to reimburse the Fire Department by providing replacement materials that are of equal or greater value than those expended by the Fire Department in responding to the emergency.
      (4)   In an action for reimbursement of costs, the Fire Department may recover all costs of the action and attorney's fees (see I.C. 36-8-12.2-10).
      (5)   A responsible party is subject to a penalty for failure to pay the full amount of a charge made under this section within 60 days after the issuance of the bill for payment by the Fire Department. The amount of the penalty is 10% of the amount of the charge that remains unpaid on the due date.
      (6)   Payment to persons or companies with which the Fire Department has had to call for assistance with the clean-up shall be the responsibility of the responsible party. Billing shall be to the responsible party. The responsible party may call for their own clean-up contractor so long as the contractor can respond in a reasonably prudent time and manner.
   (E)    Hazardous Materials Response Fund.  Money collected under this section may be used only for the following:
      (1)   Purchase of supplies and equipment used in providing hazardous materials emergency assistance under this section;
      (2)   Training for members of the Fire Department in skills necessary for providing hazardous materials emergency assistance under this section; or
      (3)   Payment to persons with which the Fire Department contracts to provide services related to the hazardous materials emergency assistance provided by the Fire Department under this section.
(Ord. 1-08, passed 3-24-08)
Cross-reference:
   Fire prevention, see Ch. 93