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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)
(a) Any person who, or entity which owned, leased, operated, commissioned the use or operation of, contracted for the use or operation of, or otherwise had any possession or control of a motor vehicle or other transportation device, which operation, use, possession, or control results in an emergency response, shall be responsible and liable to the City and any municipal mutual aid association of which the City is a member, as applicable, for the expenses of the emergency response.
(b) The owner or lessor or operator of the fixed facility which is the subject of an emergency response shall be liable to the City and any municipal mutual aid association of which the City is a member, as applicable for the expense of an emergency response.
(c) The following persons shall be jointly and severally liable for all costs to the City incurred in performing the technical rescue:
(1) Any person or the parent or guardian of a minor, who accidentally, negligently, intentionally, or unintentionally causes or is responsible for the need for technical rescue shall be jointly and severally liable for all costs to the City incurred in performing the technical rescue.
(2) The owner(s) of real property on which services are rendered in a technical rescue shall be jointly and severally liable for all costs to the City incurred in performing the technical rescue.
(3) The owner(s) of a vehicle from which persons or property must be rescued by technical rescue and the person to whom the services are rendered shall be jointly and severally liable for all costs to the City incurred in performing the technical rescue.
(4) Any person(s) involved in any activity which caused or contributed to the causation of the incident giving rise to the need for a technical rescue shall be jointly and severally liable for all costs to the City incurred in performing the technical rescue.
(5) Any person(s) who makes a false report that results in the unnecessary dispatch of personnel to perform a technical rescue shall be jointly and severally liable for all costs to the City incurred in responding to the report.
(6) The employer(s) of a person who, in the course of his or her employment, is involved in an incident requiring a technical rescue shall be liable for all costs to the City incurred in performing the technical rescue.
(7) Any person(s) involved in any construction project in which a technical rescue is needed on the construction site shall be jointly and severally liable for all costs to the City incurred in performing the technical rescue.
(8) In the case of the technical rescue of any property, the owner and titleholder of the property and the person in possession of the property at the time of the incident giving rise to the need for technical rescue are jointly and severally liable for all costs to the City incurred in performing the technical rescue.
(Ord. 2022-03. Passed 5-17-22)
(a) It shall be the duty of any person or entity which owned, leased, operated, commissioned the use or operation of, contracted for the use or operation of, or otherwise had any possession or control of a motor vehicle or other transportation device or fixed facility which operation, use, possession, or control results in leakage, spillage, or any other dissemination of dangerous or hazardous substance or materials to immediately remove such and clean up the area of such dissemination in such manner that the area involved is fully restored to its condition before such occurrence and to pay all costs therefor. The Fire Department and Engineering Department will inspect said site to make sure the cleanup is in compliance with local, State, and Federal guidelines, provided, however, that such inspection shall not relieve the responsible person or entity hereunder of the ultimate responsibility for full compliance.
(b) Any such person or entity which fails to comply with this chapter by failing to clean up without delay a dangerous or hazardous substance or materials release, shall be liable to and shall pay the City for its costs and expenses, including the costs incurred by the City of any party which it engages, for the complete abatement, mitigation, clean up and restoration.
(Ord. 2022-03. Passed 5-17-22)
(a) In addition to the other cost recovery rights set forth in this section, the City and any municipal mutual aid association of which the City is a member, as applicable, shall be entitled to recover all costs and damages incurred in conjunction with emergency responses of extended duration. Such costs and damages shall include, but not be limited to, those associated with incident abatement, cleanup, mitigation, and guarding of downed wires including any related third-party costs, which were necessary to ensure the safety of the City and its populace.
(b) Such costs and damages shall be the joint and several responsibilities of the owners and operators of the property, equipment, vehicle, or container causing or contributing in any emergency incident or hazardous condition of extended duration.
(Ord. 2022-03. Passed 5-17-22)
(a) The City shall be entitled to recover all costs and damages incurred in conjunction with any fire. Such costs shall include, but are not limited to, those associated with the fire extinguishment and investigation.
(b) Such costs and damages shall be the joint and several responsibilities of the property owner, all such costs and damages shall be paid within 30 days of demand by the Fire Department.
(c) The City shall have a lien for all unpaid costs and damages incurred by the Fire Department as above described and may enforce such lien in the manner prescribed by the general laws of the State providing for the enforcement of tax liens.
(Ord. 2022-03. Passed 5-17-22)
The costs to the City of performing a technical rescue, for which the City shall be reimbursed, include, but are not limited to, costs for the following:
(a) Aid provided by the Washtenaw County Technical Rescue Team, any other governmental agency, or any other technical rescue resource(s) or person(s).
(b) All personnel costs.
(c) Contracting with any persons to assist in a technical rescue.
(d) The rental or purchase of machinery, equipment, materials or supplies required for the technical rescue.
(e) Usage cost of equipment, machinery and supplies along with vehicle response costs to technical rescue.
(f) Charges imposed on the City by any local, State or Federal governmental entities related to performing the technical rescue.
(g) The accounting for all expenditures related to technical rescue responses, including billing and collection costs and attorney fees.
(h) The costs for repairs to or replacement of equipment and materials used in the technical rescue that are damaged, lost, destroyed or rendered irreparable in connection with the technical rescue.
(i) Any services required after the technical rescue, such as cleanup of a site or the removal of items.
(j) Any administrative costs generated in conjunction with an expense recovery.
(Ord. 2022-03. Passed 5-17-22)
(a) The responsibilities and liabilities set forth in this section shall be construed to be of a civil nature and shall not be construed to conflict or contravene or enlarge or reduce any criminal liability or responsibility, including fines imposed by a judge on a driver for operating a motor vehicle while under the influence of an alcoholic beverage and/or controlled substance. Nor shall this section be construed to impose criminal sanctions based solely on this section, as to the responsible party in a hazardous or toxic waste violation.
(b) The City Finance Department or its designee, shall within a reasonable time of receiving itemized costs incurred for emergency response, submit a bill for same by first class mail or personal service to a person or entity liable for these expenses as enumerated under this section. Said bill shall require full payment in 30 days from date of billing.
(c) If any person or entity fails to reimburse the City as provided and such person or entity is the owner of the affected property, the City shall have the right and power to add any and all costs of cleanup and restoration to the tax roll as to such property, and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes against said property. This remedy is in addition to any other remedy available to the City allowed by law.
(Ord. 2022-03. Passed 5-17-22)
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