The URL can be used to link to this page

Home My Public Portal About073-1991 - RECOVERY OF COSTS FOR HAZARDOUS MATERIAL SPILLSORDINANCE NO. 73-1991 RECOVERY OF COSTS FOR HAZARDOUS MATERIAL SPILLS Be it ordained by the Common Council of the City of Richmond that the following Sections be added to Chapter 92 of the Richmond City Code: SECTION 92.30 - DEFINITIONS "Spill" means any unexpected, unintentional, or unapproved dumping, discharge or other loss of oil, hazardous or otherwise objectionable substance that damages or threatens to damage the public health, safety and welfare. "Mitigate" means to take action to reduce the hazard. SECTION 92.31 - ASSESSMENT OF CHARGES FOR HAZARDOUS WASTE MITIGATION Whenever the Richmond Fire Department mitigates a spill, any party responsible for the spill shall be responsible for and shall be assessed the following charges: a. Two Hundred Fifty Dollars ($250.00) per hour for the first hour for each aerial apparatus and One Hundred Fifty Dollars ($150.00) per hour for each hour thereafter. b . Two Hundred Fifty Dollars ($250.00) per hour for the first hour for each pumper, rescue unit, hazardous material response vehicle and any support vehicles, and One Hundred Fifty Dollars ($150.00) per hour for each hour thereafter. c. The Richmond Fire Department's actual labor costs. d. The actual replacement costs of any expendable materials such as absorption materials, or other agents used in clean-up operations. SECTION 92.32 - BILLING OF COSTS The Fire Department shall refer all information concerning the cost of the clean-up to the City Controller. The City Controller shall prepare and send a statement of the charges to each responsible party, who shall be jointly and severally liable for the cost of the spill. The responsible party shall remit the charges to the Controller within Thirty (30) days after receipt of the statement of charges from the City Controller. SECTION 92.33 - IMPOUNDMENT The Fire Department may impound any material or property involved in the spill when necessary for the protection of the public safety and to accomplish the purposes set forth in Sections 92.31 and 92.32. p PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, the 1L day of Lh/ , 1991. President of Common Cmiticil ATTEST: Mary Mer&anthoi6se, City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this 0 day of 4it'- , , 1991. Mary Merchakthous6, City Clerk APPROVED by me Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this I day of _I-&'r' , 1991. /, / 'l it &� �) ATTEST: Mary Mcrcfianthoige, City Clerk STATE OF INDIANA ) ) SS: COUNTY OF WAYNE ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared , Mary Merchanthouse, and Frank H. Waltermann, and acknowledged the execution of the foregoing instrument this _ day of , 1991. Witness my hand and Notarial Seal. , Notary Public residing in Wayne County, Indiana My Commission Expires: +Ig1123-IegO„IegO$ NOTICE OF PUBLIC HEARING[ ON ORDINANCE NO. 73-1991 and[ ORDINANCE NO. 74-1991 [ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana will hold a public hearing on Monday, December 16, 1991 at 7:30 P.M. in the Council Chambers in the Richmond Municipal Building located at 50 North 5th Street, on the following:[ ORDINANCE NO, 73-1991-AN ORDINANCE FOR RECOVERY OF COSTS FOR HAZARDOUS MATERIAL SPILLS.[ AND: ORDINANCE NO. 7*1991-AN ORDINANCE AMENDING CHAPTER 120 OF THE RICHMOND CITY CODE, BURGLAR AND ROBBERY ALARM SYSTEMS, TO INCLUDE NEW SECTIONS ON FIRE ALARM SYSTEMS.[ All parties interested in or affected by these Ordinances are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance.[ Mary Merchanthouse[ City Clerk[ Publish Date: December 6, 1991 [== /iz�-w- i;T )0SSO /0 ap RICO 4 INTEROFFICE MEMO * * CITY OF RICHMOND 50 NORTH FIFTH 5T. - RICHMOND, INDIANA 47374 �Npl gp1P DATE o November 19, 1991 TO:, Mary Merchanthouse, City Clerks, FROM: Bruce Metzger, City Attomey f 6Nt SUBJECT- Recovery of Costs for Hazardous Material Spills COPY TO: File Chief Sticco asked me to prepare an Ordinance providing for the recovery of costs for hazardous material spills. I am attaching a copy of the Ordinance and Chief Sticco's memo in support of the Ordinance. 11w RICHMOND FIRE DEPARTMENT OF RICH Sp FIRE DEPARTMENT HEADQUARTERS Z 101 SOUTH FIFTH STREET RICHMOND, INOIANA 47374 TELEPHONE [317] SBS-7264 �No i ar+P TO: ALL COUNCIL PERSONS FROM: JAMES A. STICCO, FIRE CHIEF FRANK H. WALTERMANN MAYOR JANES A. STICCO CHIEF SUBJECT: SUPPORTING AN ORDINANCE FOR RECOVERY OF COST FOR MITIGATING HAZARDOUS MATERIALS SPILLS DATE: OCTOBER 21, 1991 The City of Richmond is in need of this ordinance for the following reasons: 1) 2) 3) 4) 5) 6) 7) 8) The number of incidents that have occurred in the past year and a half involving the Richmond Fire Dept personnel and equipment and the cost to the taxpayer. Spiller Pays Legislation is the norm in Indiana and across the country. Pursuant to the State Agency IDEM (Indiana Department of Environmental Management) new regulations of disposal of Contaminated Materials, flushing these materials into the sewers or waterways is not permitted. New materials are required to mitigate the hazard. Incidents are on the increase due to the fact more new chemicals are added each year. A large percentage of the incidents are due to carelessness. We are obligated to provide training and safety for first responders to be in compliance with the OSHA regulation CFR 1910.120 section Q, that became effective in March of 1989. With the use of products to mitigate hazards, we have an increase in cost of materials, not to mention labor costs and out -of -service apparatus. The Wayne County Emergency Management Agency conducted a survey in 1989 involving truck traffic on 1-70 alone. The results are as follows: During a one month period there were; A) 222,600 trucks that passed through our response area; during an average 24 hour period that amounted to 8244 trucks, 370 of these were tankers carrying some type of hazardous materials; 4000 were semi's carrying hazardous materials ranging from flammables, corrosives, radio active, etc. B) The above is an average of 15 tankers and 170 semi's per hour. In Wayne County there are ten (10) truck terminals, with the bulk of them being in Richmond, that are used for on and off loading and storage. In the City of Richmond there are ninety (90) fixed facilities that store chemicals in quantities required to be reported under Superfund Amendments and Reauthorization which is SARA TITLE III 1986. f/117- - INd-1 .zyc1pc-1aT5 l 9 / ADDRESS DATE TIME ENGINES LIEUTENANTS U.S. 40 & 1-70 1/1/91 17 MINS 1 1 137 S. 13TH ST 1/24/91 39 MINS 0 0 2600 UN1ON PIKE 1/26/91 38 MINS 1 1 159 S. 52ND ST 1/27/91 15 MINS 1 i 1201 S. 9TH ST 1/30/91 15 MINS 1 i 1201 S. 9TH ST 218191 W MINS 1 1 GARDEN CITY TRAILER CT 2/12191 17 MINS 0 0 1201 S. 9TH ST 2/20/91 20 MINS 1 1 2400 NAT'L RD W. 2/26/91 13 MINS 1 1 4062 UNION PIKE 4/7/91 31 MINS 1 1 S. 9TH & MAIN ST 4/16/91 48 MINS 1 1 N. 5TH & A ST 4/20/91 16 MINS 1 1 N. 5TH & D ST 4/26/91 88 MINS 1 1 110 S.W. 10TH ST 5/3/91 11 MINS 1 1 16TH & W. MAIN ST 5/5/91 7 MINS 1 1 U.S. 27 N. & 1-70 5130/91 25 MINS 1 1 15TH & W. MAIN ST 6/3/91 11 MINS 1 1 U.S. 27 N. & 1-70 6/11/91 54 MINS 1 1 2300 CHESTER BLVD 6/15191 32 MINS 1 1 1ST & W. MAIN ST 6/19191 24 MINS 1 1 540 W. EATON PIKE 6/30/91 29 MINS 1 1 18TH & NAT'L RD W 7/i/91 26 MINS 1 1 S. 8TH & A ST 7/2/91 34 MINS 1 1 1133 N. 12TH ST 7/4/91 25 MINS 1----------------------- 1 1124 N.W. 5TH ST 7112191 44 MINS 1 1 110 S.W. 7TH ST 7119191 48 MINS 0 0 BUTTERMILK & 121 7/19/91 50 MINS 1 1 1821 U.S. 27 N. 7/24/91 9 MINS 1 1 1240 N.W. 5TH ST 7/31191 41 MINS 1 1 S. 9TH & E ST $18/91 84 MINS 2 2 N. 12TH & E ST 8/11191 13 MINS 1 1 23RD & E. MAIN ST 8115191 17 MINS 1 1 1101 S. E ST 8/19/91 23 MINS 0 0 1519 N. C ST 8/19/91 38 MINS 1 1 3150 NAT'L RD W 9/12/91 131 MINS 0 0 790 S. J. ST 9/29191 37 MINS 1 1 6000 BLK NAT'L RD E 1012191 48 MINS 1 1 1-70 & SALISBURY RD 10/3/91 37 MINS 1 1 N. 7TH & FORT WAYNE AVE 10111/91 40 MINS 1 1 U.S 27 N. & N. J ST 10/15/91 36 MINS 1 1 3600 NEW PARIS PIKE 10/19/91 40 MINS 1 1 1ST BLK S. 15TH ST 10/23/91 43 MINS 1 1 SIM HODGIN PKWY 10/25/91 12 MINS 1 1 900 BLK S. A ST 10/29/91 20 MINS 1 1 3300 BLK E. MAIN ST 10/29/91 62 MINS 1 1 428 N.W 5TH ST 10/30/91 65 MINS 1 1 N.W. L ST & R.R. 10/30/91 60 MINS 1 1 TOTAL INCIDENTS 47 1 1 1 0 $271.06 1 i 1 0 $250.20 $10.40 $10.40 $9.75 $11.70 $0.00 $9.60 $9.60 $9.00 $10.80 $0.00 ---------------------------------- TOTAL $ $313.30 $289.20 $7095.33 LIEUTENANT. $ ENGINEER $ F. FIGHTER $ BATT. CHIEF $ HAZ-MAT $ $2.72 $2.72 $2.55 $0.00 $0.00 $0.00 $0.00 $0.00 $7.02 $0.00 $6.08 $6.08 $5.70 $0.00 $0.00 $2.40 $2.40 $2.25 $0.00 $0.00 $2.40 $2.40 $2.25 $0.00 $0.00 $1.44 $1.44 $1.35 $0.00 $0.00 $0.00 $0.00 $0.00 $3.06 $0.00 $3.20 $3.20 $3.00 $3.60 $0.00 $2.08 $2.08 $1.95 $0.00 $0.00 $4.96 $4.96 $4.65 $5.58 $7.75 $7.68 $7.68 $7.20 $8.64 $0.00 $2.56 $2.56 $2.40 $0.00 $0.00 $14.08 $14.08 $13.20 $15.84 $22.00 $1.76 $1.76 $1.65 $1.98 $0.00 $1.12 $1.12 $1.05 $0.00 $0.00 $4.00 $4.00 $3.75 $4.50 $0.00 $1.76 $1.76 $1.65 $0.00 $0.00 $8.64 $8.64 $8.10 $0.00 $0.00 $5.12 $5.12 $4.80 $0.00 $0.00 $3.84 $3.84 $3.60 $4.32 $0.00 $4.64 $4.64 $4.35 $5.22 $0.00 $4.16 $4.16 $3.90 $0.00 $0.00 $5.44 $5.44 $5.10 0.00 $0.00 $4.00 $4.00 $3.75 $0.00 $0.00 $7.04 $7.04 $6.60 $7.92 $0.00 $0.00 $0.00 $0.00 $8.64 $0.00 $8.00 $8.00 $7.50 $0.00 $0.00 $1.44 $1.44 $1.35 $0.00 $0.00 $6.56 $6.56 $6.15 $66.42 $0.00 $26.88 $26.88 $12.60 $15.12 $21.00 $2.08 $2.08 $1.95 $0.00 $0.00 $2.72 $2.72 $2.55 $3.06 $0.00 $0.00 $0.00 $0.00 $0.00 $5.75 $6.08 $6.08 $5.70 $6.84 $0.00 $0.00 $0.00 $0.00 $23.58 $0.00 $5.92 $5.92 $5.55 $6.66 $0.00 $7.68 $7.68 $7.20 $8.64 $0.00 $6.92 $5.92 $5.55 $6.66 $0.00 $6.40 $6.40 $6.00 $7.20 $10.00 $5.76 $5.76 $5.40 $6.48 $9.00 $6.40 $6.40 $6.00 $0.00 $0.00 $6.88 $6.88 $6.45 $7.74 $10.75 $1.92 $1.92 $1.80 $2.16 $0.00 $3.20 $3.20 $3.00 $3.60 $0.00 $9.92 $9.92 $9.30 $11.16 $15.50 ENGINEERS FIREFIGHTERS BATT. CHIEF HAZ-MAT OFFICER ENGINE------------------$ 1 1 0 0 $70.89 0 0 1 0 $0.00 1 1 0 0 $178.98 1 1 0 0 $62.55 1 1 0 0 $62.55 1 1 0 0 $37.53 0 0 1 IT- $0.00 1 1 1 0 $83.40 1 1 0 0 $54.21 1 1 1 1 $129.27 1 1 1 0 $200.16 1 1 0 0 $66.72 1 1 1 1 $366.96 1 1 1 0 $45.87 1 1 0 0 $29.19 1 1 1 0 $104.25 1 1 0 0 $45.87 1 1 0 0 $225.18 1 1 0 0 $133.44 1 1 1 0 $100.08 1 1 1 0 $120.93 1 1 0 0 $108.42 1 1 0 0 $141.78 1 1 0 0 $104.25 1 1 1 0 $183.48 0 0 1 0 $0.00 1 1 0 0 $208.50 1 1 0 0 $37.53 1 1 1 0 $170.97 2 1 1 1 $700.56 1 1 0 0 $54.21 1 1 1 0 $70.89 0 0 0 1 $0.00 1 1 1 0 $158.46 0 0 1 0 $0.00 1 1 1 0 $154.29 1 1 1 0 $200.16 1 1 1 0 $154.29 1 1 1 1 $166.80 1 1 1 1 $150.12 1 1 0 0 $166.80 1 1 1 1 $179.31 1 1 1 0 $50.04 1 1 1 0 $83.40 1 1 1 1 $158.54