[Adopted 11-12-1997 by Ord. No. 84]
A significant potential exists for the occurrence of hazardous
material emergencies requiring the response of law enforcement, Fire
Department, emergency medical services, and emergency management resources.
Such incidents can create a serious threat of personal injury, property
damage, and environmental contamination. The control and abatement
of such emergencies places a financial and operational burden upon
local government. The purpose of this article is to enable Midland
Township to require financial reimbursement from those responsible
for allowing hazardous materials to escape containment, which causes
an emergency response on the part of Midland Township agents, officers,
and/or employees.
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meaning they
have in common usage and to give this article its most reasonable
application.
Any structure used or intended for supporting or sheltering
any use or occupancy.
The providing, sending and/or utilizing of law enforcement,
firefighting, emergency medical services and emergency management
resources by the county or by a private industrial entity or corporation
operating at the request or direction of the county or State of Michigan
for an incident resulting in a hazardous materials release or threatened
release.
The direct and reasonable costs incurred by Midland Township,
or by a private person, corporation, or other assisting government
agency which is operating at the request or direction of the county,
when making an emergency response to a hazardous materials incident,
including costs of providing law enforcement, firefighting, emergency
medical services, emergency management, containment and abatement
of all hazardous conditions at the scene of the incident. Costs shall
also include but not be limited to such items as disposable materials
and supplies used during the response to a hazardous material incident;
the rental or leasing of equipment used for the specific response;
replacement of equipment which is contaminated beyond reuse or repair
during the response to a hazardous material incident; special technical
services and laboratory costs; services and supplies purchased for
any specific evacuation relating to a hazardous material incident;
and any other costs reasonably associated with containment and cleanup.
Explosives, pyrotechnics, flammable compressed gas, flammable
liquid, combustible liquid, oxidizing material, poisonous gas, poisonous
liquid, poisonous solid, irritating material, etiologic material,
radioactive material, corrosive material, liquefied petroleum gas,
or any other hazardous material as defined in MCLA § 324.11101
et seq., Hazardous Waste Management.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person having a vested or contingent interest in the
property, premises, container or vehicle involved in a hazardous material
incident, including but not limited to any duly authorized agent or
attorney, purchaser, devisee, or fiduciary of said person having said
vested or contingent interest.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, leaching, dumping or disposing of a hazardous
material into the environment.
Any mode of transportation used as an instrument of conveyance,
including but not limited to motor vehicles, railroads, boats, aircraft,
etc.
A.Â
Duty to remove. It shall be the duty of the owner, operator, occupant
or other person responsible for the operation, maintenance and/or
condition of any building, premises, property or vehicle regarding
which an incident arises which involves the release or threatened
release of hazardous materials on or about said building, premises,
property and/or vehicle to immediately contain and control such hazardous
material and undertake and complete a total clean up of the area in
such a manner as to ensure that all leakage, spillage or other dissemination
of hazardous material is fully removed and the area is fully restored
to its condition prior to the placement, leakage, spillage or other
dissemination of such hazardous material, the timing of this cleanup
to be determined by the officer in charge.
B.Â
Failure to remove and/or clean up. In the event the owner, operator,
occupant or other person responsible for the operation, maintenance
and/or condition of any building, premises, property or vehicle regarding
which an incident arises which involves the release or threatened
release of hazardous materials on or about said building, premises,
property and/or vehicle fails to remove, in a timely manner, hazardous
materials after an emergency response involving hazardous materials
or comply completely with the above subsection, the Township shall
have the right to enter onto said property and remove and conduct
a cleanup of all such hazardous materials either by governmental employees
or by contractors and agents of said government. Prior to engaging
in such clean up, Midland Township shall make diligent efforts to
notify the owner of its duty to abate the hazardous conditions. All
costs associated with such containment, control, removal and clean
up are in addition to the costs associated in the following sections
and are to be reimbursed in like manner.
Person(s) responsible. The owner, operator, occupant or other
person responsible for the operation, maintenance and/or condition
of any building, premises, property or vehicle from which an incident
arises involving the release or threatened release of a hazardous
material shall be required to reimburse Midland Township for all expenses
of the emergency response caused by the hazardous material incident.
A.Â
Charge against person. The expense of an emergency response shall
be a charge against the person or corporation liable for the expense
under this article. The charge constitutes a debt of that person or
corporation and is collectible by Midland Township in the same manner
as in the case of an obligation under contract, express or implied.
B.Â
Cost recovery schedule. Midland Township shall, by resolution, as
soon as possible after an emergency response, adopt a schedule of
the costs included within the expense of the emergency response. This
schedule shall be available at the Office of the Midland Township
Clerk for inspection by the public.
C.Â
Billing. Midland Township, within 10 days of receiving itemized costs,
or any part thereof, incurred for an emergency response, shall submit
a bill for these costs by first class mail or personal service to
the person or corporation liable for the expenses as cited under this
article. The bill(s) shall require full payment within 30 days from
the date of mailing or service of said bill upon the responsible person.
D.Â
Failure to pay procedure to recover costs. Any failure by the person
or corporation described in this article as liable or responsible
for expenses of an emergency response to pay a bill within 30 days
of mailing or service of the bill shall constitute a default on the
bill. In the case of default, Midland Township shall have the right
and power to add all emergency response costs to the tax roll and
to levy and collect such costs in the same manner as provided for
the levy and collection of real property taxes against property or
premises. Midland Township shall also have the right to bring action
in a court of competent jurisdiction to collect emergency response
costs if Midland Township deems such action to be necessary.
