(A) Pursuant to I.C. 36-8-12.2-8.1, the Common Council hereby establishes a Hazardous Materials Response Fund.
(B) The Hazardous Materials Response Fund shall be administered by the Washington Clerk-Treasurer and the expenses of administering the fund shall be paid from money in the fund.
(C) The Fire Department may impose a charge on a person who 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 quantity of materials that must be reported under 327 I.A.C. 2-6.1-5 as in effect on January 1, 2001; 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 I.A.C. 2-6.1-6 as in effect on January 1, 2001.
(D) The Fire Department, when imposing a charge under this section, may bill the responsible party for the total value of the assistance provided, as determined from the State Fire Marshal's service charges issued under I.C. 36-8-12-16(e).
(E) Money collected under this section shall be deposited into the Hazardous Materials Response Fund and may be used only for the following:
(1) Purchase of supplies and equipment used in providing hazardous emergency assistance under this resolution;
(2) Training for members of the Fire Department in skills necessary for providing hazardous assistance under this section; and
(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.
(F) Money in the fund not currently needed to meet the obligations of the fund may be invested in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of a particular fiscal year does not revert to the General Fund.
(G) The Fire Department may not bill under this section for services provided that duplicates services provided by another governmental entity.
(H) A 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.
(I) If the Fire Department imposes a service charge under this section and maintains an action for reimbursement under I.C. 13-25-6-5, the department may recover all costs of the action, including attorney fees.
(J) 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 due after the due date.
(K) The city adopts all definitions contained in I.C. 36-8-12.2 in connection with this resolution.
(Res. 18-2004, passed 12-27-2004)