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.
BUILDING
Any structure used or intended for supporting or sheltering
any use or occupancy.
EMERGENCY RESPONSE
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.
EXPENSE OF AN EMERGENCY RESPONSE
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.
HAZARDOUS MATERIAL
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)]
OWNER
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.
RELEASE OF A HAZARDOUS MATERIAL
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, leaching, dumping or disposing of a hazardous
material into the environment.
VEHICLE
Any mode of transportation used as an instrument of conveyance,
including but not limited to motor vehicles, railroads, boats, aircraft,
etc.
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.