Chapter 10.70
REQUIREMENT THAT COUNTY TOWING PROVIDER CLEAN-UP HAZARDOUS MATERIAL OR ENVIRONMENTAL SPILLS ON COUNTY ROADWAYS AND STREETS AND CHARGE THE RESPONSIBLE PARTIES FOR SUCH EXPENSE
Sections:
10.70.010 Purpose.
The purpose of this Ordinance is to define the responsibility for the clean-up and payment of costs associated with hazardous material or environmental spills which occur on Vanderburgh County roadways and streets caused by persons involved in vehicle accidents which are investigated by the Vanderburgh County Sheriff’s Office.
(Ord. 02-13-003, added, 03/12/2013)
10.70.020 Definitions.
For purposes of this Ordinance:
“Clean-up” means to contain, collect, remove, treat or dispose of hazardous materials and substances which are spilled or released onto a Vanderburgh County roadway, street, ditch, culvert or right-of-way as a result of a vehicle crash or other event investigated by the Vanderburgh County Sheriff’s Office.
“Clean-up costs” means all costs associated with the clean-up of a hazardous material or environmental spill on a Vanderburgh County roadway, street, culvert, ditch or right-of-way as a result of a vehicle crash or other event investigated by the Vanderburgh County Sheriff’s Office.
“Hazardous material or environmental spill” means an occurrence or an event that involves the uncontrolled release or imminent uncontrolled release of a hazardous material or substance onto a Vanderburgh County roadway, street, culvert, ditch or right-of-way which creates the potential or possibility of harm to human health, property or the environment which is investigated by the Vanderburgh County Sheriff’s Office.
“Person” means individual, partnership, cooperative, firm, company, corporation, association, trust, estate, governmental entity, or any other legal entity or their legal representatives, agents or assigns.
“Responsible party” means the person or persons liable for reimbursement for costs and expenses associated with the clean-up of a hazardous material spill on a County roadway, street, culvert, ditch or right-of-way as a result of an event investigated by the Vanderburgh County Sheriff’s Office.
(Ord. 02-13-003, added, 03/12/2013)
10.70.030 Duties.
(A) Vanderburgh County’s towing contract provider shall be responsible for the clean-up of a hazardous material spill on a County roadway, street, culvert, ditch or right-of-way regarding an incident which is investigated by the County’s Sheriff’s Office; except, if a county suburban fire department is on scene, and is capable of, and is willing, the fire department shall conduct the clean-up.
(B) Vanderburgh County’s towing contract provider or fire department, whichever is appropriate, shall be responsible for the billing of clean-up costs it incurs to all responsible parties that cause a hazardous material or environmental spill upon Vanderburgh County roadway, street, culvert, ditch or right-of-way as a result of a vehicle accident investigated by the Vanderburgh County Sheriff’s Office.
(C) Vanderburgh County’s towing contract provider shall, if required by law, notify the State of Indiana of any environmental roadway spill which it cleans up on a County roadway or street investigated by the County Sheriff’s Office.
(D) Vanderburgh County’s towing contractor shall provide the Vanderburgh County Sheriff’s Office and the Vanderburgh County Engineer’s office with monthly reports detailing its clean-up of hazardous materials and environmental spills on County roadways, streets, ditches, culvert or rights-of-way in connection with vehicle crashes or other incidents investigated by the Vanderburgh County Sheriff’s Office. Specifically, the towing contractor shall provide the Vanderburgh County Sheriff’s Office and the Vanderburgh County Engineer’s Office with the following:
1. Time and date of the spill;
2. Owner of vehicle that caused the spill;
3. Type and estimated quantity of material spilled;
4. Method used to clean up the spill;
5. Method of disposal of spilled materials;
6. Name of person(s) who cleaned up the spill; and
7. Copies of reports submitted to IDEM.
(Ord. 02-13-003, added, 03/12/2013)
10.70.040 Severability.
Should any word, sentence, or section of this Ordinance be declared invalid, the remainder of the same shall remain enforceable.
(Ord. 02-13-003, added, 03/12/2013)