Chapter 8.25
HAZARDOUS MATERIALS EMERGENCY ACTION REIMBURSEMENT
Sections:
8.25.030 Imposition of service charge.
8.25.040 Service charge billed to responsible party.
8.25.050 Deposit and use of money collected.
8.25.010 Definitions.
“Facility,” “hazardous materials emergency,” “mode of transportation” and “responsible party” shall have the same meaning herein as set forth in IC 36-8-12.2 and as it may be amended from time to time.
“Fire Department” means the Evansville Fire Department. [1983 Code § 9.85.01.]
8.25.020 Authority.
This chapter is adopted under authority of and shall be construed consistent with IC 36-8-12.2. [1983 Code § 9.85.02.]
8.25.030 Imposition of service charge.
There is hereby imposed a charge on a person that is a responsible party with respect to a hazardous material emergency that:
(A) The Fire Department responded to;
(B) Members of the Fire Department assisted in containing, controlling, or cleaning up;
(C) With respect to the release or imminent release of hazardous materials at a facility, involves a quantity of hazardous materials that exceeds the spill quantities of hazardous material that must be reported under 327 IAC 2-6.1-5; and
(D) With respect to the release or imminent release of hazardous materials from a mode of transportation, involves a quantity of hazardous materials that exceeds the spill quantities of hazardous material that must be reported under 327 IAC 2-6.1-6. [1983 Code § 9.85.03.]
8.25.040 Service charge billed to responsible party.
(A) The Fire Department may bill the responsible party for the total value of the assistance provided, as determined from the State Fire Marshal’s schedule of charges as provided by the State Fire Marshal, and as it may be amended from time to time, which is hereby adopted.
(B) The Fire Department may not bill for services provided that duplicate services provided by another governmental entity.
(C) The responsible party billed for services under this chapter may elect to reimburse the Fire Department by providing replacement materials that are of equal or greater value than those expended by the Fire Department in responding to the emergency.
(D) In an action for reimbursement of costs, the Fire Department may recover all costs of the action and attorneys’ fees. (See IC 36-8-12.2-10.)
(E) A responsible party is subject to a penalty for failure to pay the full amount of a charge made under this chapter within 60 days after the issuance of the bill for payment by the Fire Department. The amount of the penalty is 10 percent of the amount of the charge that remains unpaid on the due date.
(F) Payment to persons or companies which the Fire Department has had to call for assistance with the cleanup shall be the responsibility of the responsible party. Billing shall be to the responsible party. The responsible party may call for their own cleanup contractor so long as the contractor can respond in a reasonably prudent time and manner. [1983 Code § 9.85.04.]
8.25.050 Deposit and use of money collected.
(A) Money collected hereunder shall be deposited in the General Fund of the City.
(B) Money collected under this chapter may be used only for the following:
(1) Purchase of supplies and equipment used in providing hazardous materials emergency assistance under this chapter;
(2) Training for members of this Fire Department in skills necessary for providing hazardous material emergency assistance under this chapter; or
(3) Payment to persons with which the Fire Department contracts to provide services related to the hazardous material emergency assistance provided by the Fire Department under this chapter. [Ord. G-2007-2, passed 4-25-07. 1983 Code § 9.85.05.]