Chapter 9.21
Hazardous Materials Incident Response Cost Recovery
Sections:
9.21.030 Liability for ordinary and extraordinary costs.
9.21.040 Incident response costs.
9.21.050 Presentation of claims.
9.21.010 Definitions.
As used in this chapter, these terms shall be defined as follows:
“Extraordinary costs” means those reasonable and necessary costs incurred by City of DuPont, DuPont Fire Department, DuPont Police Department, DuPont Public Works Department and local authorities in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire protection, emergency services, and public works. These shall include, but not be limited to, overtime for City employees, unusual fuel consumption requirements, any loss or damage to City owned equipment, all processing and data collection costs and the purchase or lease of any special equipment or services required to protect the public during these incident responses.
“Hazardous materials” means:
(a) Materials which, if not contained, may cause unacceptable risks to human life within a specified area adjacent to the spill, seepage, fire, explosion, or other release, and will, consequently, require evacuation;
(b) Materials that, if spilled, could cause unusual risks to the general public and to emergency response personnel responding at the scene;
(c) Materials that, if involved in a fire, will pose unusual risks to emergency response personnel;
(d) Materials requiring unusual storage or transportation conditions to assure safe containment; or
(e) Materials requiring unusual treatment, packaging, or vehicles during transportation to assure safe containment.
“Hazardous materials incident” means an incident creating a danger to persons, property, or the environment as a result of spillage, seepage, fire, explosion, or release of hazardous materials, or the possibility thereof.
“Incident” means an event or occurrence including, but not limited to, a motor vehicle accident, hazmat spills, illegal fires, pipeline and power line incident, and arson investigation, whereby a person willfully or negligently causes or permits such an incident to occur.
“Ordinary costs” means those reasonable and necessary costs incurred by City of DuPont, DuPont Fire Department, DuPont Police Department, DuPont Public Works Department and local authorities that are the normal and usual expenses anticipated for police and fire protection, emergency services, and public works when responding to an incident.
“Person” means an individual, partnership, corporation, or association. (Ord. 18-1055 § 1).
9.21.020 Compliance.
Any person transporting hazardous materials shall be responsible for the cleanup of any hazardous material incident that occurs during the transportation, and shall take such additional action as may be reasonably necessary after consultation with the DuPont Fire Department in order to achieve compliance with all applicable federal and State laws and regulations. (Ord. 18-1055 § 2).
9.21.030 Liability for ordinary and extraordinary costs.
Any person responsible for causing an incident, other than operating employees of the transportation company involved in the incident, is liable to the City for the ordinary and extraordinary costs incurred by the City in the course of protecting the public from actual or threatened harm resulting from the incident. The liability stated herein applies to an owner of a vehicle or a vehicle operated with the owner’s permission, the owner of a property or an individual on the owner’s property, or a person who willfully or negligently causes or permits such an incident to occur. (Ord. 18-1055 § 3).
9.21.040 Incident response costs.
Any person causing an incident requiring a City of DuPont, DuPont Fire Department, DuPont Police Department, DuPont Public Works Department, or local authority response shall be responsible for the ordinary and extraordinary costs of the incident response. Such costs shall include, but not be limited to, traffic control, detours, scene safety, removal of debris resulting from the hazardous materials incident, hazardous material control and hazardous material removal. (Ord. 18-1055 § 4).
9.21.050 Presentation of claims.
The City of DuPont, DuPont Fire Department, DuPont Police Department, DuPont Public Works Department and local authorities may present claims for liability under this chapter, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this chapter. (Ord. 18-1055 § 5).