[Ord. No. 77, § 20A, eff. 3-12-1982]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DISCHARGE
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or upon the environment, which causes danger or harm to the public health or to the environment, including but not limited to the release of any hazardous material as defined in this section.
EMERGENCY ACTION
All of the activities conducted by the township in order to prevent or mitigate injury to human health or to the environment from a discharge or threatened discharge of any hazardous material into or upon the environment, the fighting of a fire intentionally set or the response to a false alarm.
HAZARDOUS MATERIAL
Any material(s) classified as hazardous by any federal regulation or legislation, state legislation or regulation, or any township ordinance, including but not limited to the following:
(1) 
Any substance listed in the list of toxic pollutants found in 40 CFR § 401.15, as amended.
(2) 
Any compressed gas, explosive, flammable liquid, flammable solid, oxidizer, poison, or radioactive material. As used in this section, the following terms shall have the following meanings:
a. 
CFRThe Code of Federal Regulations. The numbers immediately preceding and immediately following the initials CFR shall refer to the volumes, divisions and sections used to identify parts of the Code of Federal Regulations.
b. 
COMPRESSED GASAny substance regulated as a compressed gas by the United States Department of Transportation, by regulations found in 49 CFR § 173.300.
c. 
EXPLOSIVEAny substance regulated as a class A or class B explosive by the United States Department of Transportation by regulations found in 49 CFR §§ 173.53 and 173.88.
d. 
FLAMMABLE LIQUIDAny substance regulated as a flammable liquid by the United States Department of Transportation by regulations found in 49 CFR § 173.115.
e. 
FLAMMABLE SOLIDAny substance regulated as a flammable solid by the United States Department of Transportation by regulations found in 49 CFR § 173.150.
f. 
OXIDIZERAny substance regulated as an oxidizer by the United States Department of Transportation by regulations found in 49 CFR § 173.151.
g. 
POISONA liquid or gas that is life threatening when mixed with air in small amounts, and shall also include all those substances regulated as poison class A by the United States Department of Transportation by regulations found in 49 CFR § 173.326.
h. 
RADIOACTIVE MATERIALAny substance required by the United States Department of Transportation to have type A packaging or other special protection or closed transport vehicles, under regulations found in 49 CFR § 173.425.
(3) 
Any of the following: explosive, pyrotechnics, flammable gas, flammable compressed gas, nonflammable compressed gas, flammable liquid, oxidizing material, any flammable material, poisonous gas, poisonous liquid, irritating material, material that causes diseases in humans, gas under such pressure that an explosion hazard exists, radioactive material, corrosive material, or liquefied petroleum gas.
(4) 
Any substance designated as a hazardous substance pursuant to section 311(b)(2)(A) of the Federal Water Pollution Control Act found at 33 USC § 1321(b)(2)(A).
(5) 
Any element, compound, mixture, solution, or substance designated by the United States Environmental Protection Agency (EPA) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, section 102 (CER-CLA), found at 42 USC § 9602.
(6) 
Any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (commonly known as the Resource Conservation and Recovery Act "RCRA"), found at 42 USC § 6921.
(7) 
Any toxic pollutant listed pursuant to section 307(a) of the Federal Water Pollution Control Act, found at 33 USC § 1317(a).
(8) 
Any hazardous air pollutant listed pursuant to section 112 of the Clean Air Act, found at 42 USC § 7412.
(9) 
Any imminently hazardous chemical substance or mixture with respect to which the administrator of the EPA has taken action pursuant to section 7 of the Toxic Substances Control Act, found at 15 USC § 2606. This term includes petroleum, including crude oil or any fraction of crude oil which is not otherwise specifically listed or designated as a hazardous substance under this article, and also includes, if stored, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). Hazardous materials shall include radioactive materials and isotopes, and explosives.
PERSON
Includes an individual, partnership, joint venture, trust, firm, joint stock company, corporation including a government corporation, association, local unit of government, commission, state, political subdivision of the state, an interstate body, federal government, a political subdivision of the federal government or any other legal entity.
RECOVERABLE EXPENSES
Includes but is not limited to those expenses incurred by the township that are reasonable, necessary and allocable to the emergency action. Expenses allowable for recovery shall include but are not limited to the following:
(1) 
Apparatus and manpower charges as established by the county fire chiefs' association dated April 1989, and as may be modified from time to time hereafter.
(2) 
Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the emergency action.
(3) 
Additional compensation of employees for the time and efforts devoted specifically to the emergency action.
(4) 
Rental or leasing of equipment used specifically for the emergency action (such as protective equipment or clothing, scientific and technical equipment).
(5) 
Replacement costs for equipment owned by the township that is contaminated beyond reuse or repair if the equipment was a total loss and the loss occurred during the emergency action (such as self-contained breathing apparatus irreparably contaminated during the response).
(6) 
Decontamination of equipment contaminated during the response.
(7) 
Special technical services specifically required for the response (such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the township).
(8) 
Other special services specifically required for the emergency action.
(9) 
Laboratory costs of analyzing samples taken during the emergency action.
(10) 
Costs of cleanup, storage or disposal of the release material.
(11) 
Costs associated with the services, supplies and equipment procured for a specific evaluation.
(12) 
Medical expenses incurred as a result of response activities.
(13) 
Legal expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this article.
THREATENED DISCHARGE
Any imminent or impending event potentially causing but not resulting in a discharge, but causing the township to undertake an emergency action.
[Ord. No. 77, § 20A, eff. 3-12-1982]
(a) 
All persons causing or contributing to a discharge or threatened discharge of hazardous materials which results in an emergency action by the township shall be responsible to the township for the recoverable expenses resulting from such action. Such responsibility shall be in addition to any and all penalties and/or remedies provided by law. Liability imposed under this article for discharge or threatened discharge of hazardous wastes shall be strict and without regard to fault.
(b) 
All persons causing or contributing to the intentional setting of a fire that results in an emergency action by the township shall be responsible to the township for the recoverable expenses resulting from such action. Such responsibility shall be in addition to all penalties and/or remedies provided by law.
(c) 
All persons causing or contributing to the setting of a false alarm which results in an emergency action by the township shall be responsible to the township for the recoverable expenses resulting from such action. Such responsibility shall be in addition to all penalties and/or remedies provided by law. For purposes of this section, the term "false alarm" means a communication, by whatever form, to the township requesting response to a nonexistent emergency condition resulting in the expenditure of recoverable expenses as herein defined.
[Ord. No. 77, § 20A, eff. 3-12-1982]
(a) 
The reimbursement of recoverable expenses by persons causing or contributing to a discharge or threatened discharge of hazardous materials, the intentional setting of fires or for false alarms, shall be provided in accordance with this section.
(b) 
Township personnel and departments involved in an emergency action shall keep an itemized record of recoverable expenses resulting from an emergency action. Promptly after completion of an emergency action, the appropriate township department shall certify those expenses to the township clerk.
(c) 
The township shall submit a written itemized claim for the total expenses incurred by the township for the emergency action to the responsible persons and a written notice that unless the amounts are paid in full within 30 days after the date of mailing the claim and notice, the township will institute the appropriate legal proceeding to recover such amounts.
[Ord. No. 77, § 20A, eff. 3-12-1982]
It shall be unlawful for any person to cause or contribute to a discharge or threatened discharge of hazardous material to intentionally set a fire or to intentionally turn in a false alarm that results in an emergency action by the township.
[Ord. No. 77, § 21, eff. 3-12-1982]
Any person who shall violate a provision of the BOCA National Fire Prevention Code/1981, shall be guilty of a misdemeanor and upon conviction thereof may be punished as provided in section 1-11.