Chapter 8.02
HAZARDOUS MATERIALS CLEANUP
Sections:
8.02.030 Liability for extraordinary costs.
8.02.040 Incident response costs.
8.02.050 Presentation of claims.
8.02.010 Definitions.
As used in this chapter, these terms shall be defined as follows:
A. “Extraordinary costs” means those reasonable and necessary costs incurred by the city of Goldendale, Goldendale fire 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; the purchase or lease of any special equipment or services; and all processing and data collection costs required to protect the environment, community property, and the public during the hazardous materials incident.
B. “Hazardous materials” means:
1. 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;
2. Materials that, if spilled, could cause unusual risks to the general public and to emergency response personnel responding at the scene;
3. Materials that, if involved in a fire, will pose unusual risks to emergency response personnel;
4. Materials requiring unusual storage or transportation conditions to assure safe containment; or
5. Materials requiring unusual treatment, packaging, or vehicles during transportation to assure safe containment.
C. “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.
D. “Person” means an individual, partnership, corporation, or association. (Ord. 1518 §1, 2022)
8.02.020 Compliance.
Any person transporting hazardous materials shall be responsible for the cleanup of any hazardous materials incident that occurs during transportation, and shall take such additional action as may be reasonably necessary after consultation with the Goldendale fire department in order to achieve compliance with all applicable federal and state laws and regulations. (Ord. 1518 §1, 2022)
8.02.030 Liability for extraordinary costs.
Any person responsible for causing a hazardous materials incident, other than operating employees of the transportation company involved in the incident, is liable to the city for extraordinary costs incurred by the city in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident. The liability stated in this chapter 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. 1518 §1, 2022)
8.02.040 Incident response costs.
Any person causing a hazardous materials incident requiring a city of Goldendale, Goldendale fire department, or local authority response shall be responsible for the extraordinary costs of the hazardous materials 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 materials control, and hazardous materials removal. (Ord. 1518 §1, 2022)
8.02.050 Presentation of claims.
The city of Goldendale, Goldendale fire 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. 1518 §1, 2022)
8.02.060 Fees.
A. A minimum preparedness fee and response fee of two hundred fifty dollars is affixed to any such hazardous materials incident, increased by an annual inflator tied to Medial Care CPI or three percent, whichever is greater.
B. Mitigation costs for cleanup of a hazardous materials incident will be based on the Washington State Department of Natural Resources annual Fire Chiefs Wage and Equipment Rate Guide. (Ord. 1518 §1, 2022)