The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) A “dangerous or hazardous substance or material” is defined as any material or substance that has been identified by City, State, or Federal laws or regulations could include, but is not limited to such substances as chemicals and gases, explosives, radioactive materials, petroleum products or gases, poisons, etiologic (biologic) agents, flammable and corrosives, or obnoxious by reason of odor, spilled, leaked, or otherwise released from their container.
(b) “Emergency response” may include, but is not limited to the providing, sending and/or utilizing of public service, police, firefighting and/or rescue services by the City and/or any municipal mutual aid association of which the City is a member, as applicable, to an accident, incident, or otherwise in response to a call involving a motor vehicle, transportation device, fixed facility, or container therein where there was a release, potential release, suspected release, or reported release of a dangerous or hazardous substance or material or a specifically hazardous substance, as defined in this section, or any request for medical service, technical rescues as defined in this section, or emergency assistance that is needed to allow for the provision of medical services.
(c) “Expense of emergency response” means the cost associated with the occurrence of an emergency response as set forth above. The expense of making an emergency response as set forth above shall include, without limitation, the costs connected with the administration, abatement and mitigation provision and analysis of chemical tests and the videotaping of the driver, if applicable. Such expense shall also include, without limitation, the investigation and analysis of a release, potential release, suspected release, or reported release of a dangerous or hazardous substance or material or a specifically hazardous substance, as defined in this section, regardless of whether any actual release is ultimately found to have occurred. Such expenses shall also include the cost of medical services provided by the city. These costs shall be set by Council resolution or by cost analyses calculated by the Fire Department, Police Department, and/or any municipal mutual aid association of which the City is a member, as applicable.
(d) “Specifically hazardous substance”:
(1) Includes “hazardous chemicals” as defined by the Michigan Department of Public Health and the Michigan Department of Labor; “hazardous materials” as defined by the U.S. Department of Transportation; “critical materials” and “polluting materials” as defined by the Michigan Department of Natural Resources, “hazardous waste” as defined by the Michigan Department of Natural Resources, and “hazardous materials” as defined by Comprehensive Environmental Response, “Superfund”, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 USC 9601.
(2) A dangerous or hazardous substance or material that is released from its container, which, in the determination of the Fire Chief or his or her authorized representative, is dangerous or harmful to the human or animal life, health or safety and welfare of the public or environment.
(3) A “hazardous substance” can also be a noxious odor that is determined by the Fire Chief, or his or her authorized representative, to constitute a danger or threat to public health, safety or welfare. Unrecycled waste oil is a “hazardous substance” which may cause health and environmental problems.
(4) “Person” means any individual, partnership, corporation, association, club, joint venture, estate, trust, sole proprietorship, legal entity, government corporation, a Federal, State, or local unit of government, a political subdivision of a Federal, State, or local unit of government, an interstate body, and any other group or combination acting as a unit and the individuals constituting such group or unit.
(5) “Technical rescue” means all services rendered to save life or property that employ the use of tools and skills that exceed those normally needed for firefighting, medical emergency, and rescue. “Technical rescue” includes, but is not limited to:
A. Rope rescue.
B. Structural collapse search and rescue.
C. Confined space search and rescue.
D. Vehicle search and rescue.
E. Water search and rescue.
F. Wilderness search and rescue.
G. Trench and excavation search and rescue.
H. Machinery search and rescue.
I. Cave search and rescue.
J. Mine and tunnel search and rescue.
K. Helicopter search and rescue.
L. Tower rescue.
M. Animal technical rescue.
(Ord. 2022-03. Passed 5-17-22)
Next Doc