§ 2-71. Hazardous material fund

(a) Definitions. For purposes of this section, the following terms and phrases shall have their corresponding meanings:

(1) The term "city" shall mean and refer to the City of Lake Station, Indiana.

(2) The term "person" shall mean and refer to any human being, corporation, partnership, limited liability company, limited liability partnership, association, joint venture, any other legal entity, and to any applicable definition as set forth in Indiana Code § 13-11-2-158, which is incorporated by reference herein.

(3) The term "fire department" shall mean and refer to the fire department of the city.

(4) The phrase "hazardous material" shall mean and refer to materials described as at Indiana Code § 13-11-2-96, which is incorporated herein by reference.

(5) The phrase "hazardous materials emergency" shall mean and refer to an occurrence that involves the uncontrolled release or imminent uncontrolled release of a hazardous material into the environment, which creates the possibility of harm to human life, property, or the environment.

(6) The phrase "responsible party" shall mean and refer to a person who owns hazardous material that is involved in a hazardous materials emergency, or a person who owns a container or owns or operates a vehicle that contains hazardous material that is involved in a hazardous materials emergency, and who causes or substantially contributes to the cause of the hazardous materials emergency.

(7) The phrase "clerk-treasurer" shall mean and refer to the clerk-treasurer of the city.

(8) The phrase "legal department" shall mean and refer to the legal department of the city.

(9) The term "volunteer" shall mean and refer to a member of the Lake Station Volunteer Fire Company.

(b) Designations. The fire department is hereby designated the emergency response agency for the city pursuant to Indiana Code § 13-11-2-66, and the city fire chief or his designee is hereby designated the city's hazardous material coordinator.

(c) Reimbursement of fees and expenses. A responsible party who causes or suffers a hazardous materials emergency to which the fire department responds, shall, within thirty (30) days after invoicing, pay the city an amount equal to the sum of the following:

(1) For responses calls within the boundaries of the city, the sum of two hundred fifty dollars ($250.00) for each hour or any part of an hour a fire department vehicle responds;

(2) For response calls outside the boundaries of the city, the sum of three hundred dollars ($300.00) for each hour or any part of an hour a fire department vehicle responds;

(3) The replacement value of any fire department or city equipment used and returned, used and discarded, damaged, lost, spent, destroyed, or rendered unrepairable, broken, or unusable as a result of such response;

(4) The costs of any medical treatment, and/or medical evaluation of any city employee, whether full or part-time, who may be injured, contaminated, or toxically exposed during such response;

(5) The costs of any medical treatment, and/or medical evaluation of any volunteer who may be injured, contaminated, or toxically exposed during such response; and

(6) An amount equal to the wages for all man hours (or fractions thereof) involved in such response at the appropriate rate of pay for each person, employee, or volunteer responding, including without limitation, any overtime pay due or earned.

(d) Collection of fees and expenses. The hazardous material coordinator shall promptly compute the fees and expenses to be collected from a responsible party pursuant to this section, and deliver an itemized invoice therefor to the clerk-treasurer, who shall thereupon notify the responsible party and demand immediate payment. On-going expenses, if any, shall be invoiced as the same are incurred. In the event of nonpayment by the responsible party within thirty (30) days following demand, the matter shall be referred by the clerk-treasurer to the legal department for collection.

(e) Nonreverting fund. A special nonreverting fund is hereby established which shall be known as the "hazardous materials nonreverting fund" ("the fund"). All funds, monies, expenses, or fees received or recovered from any responsible party pursuant to this section shall be promptly deposited in the fund. Fund monies may be expended for reimbursement of expenses incurred in responding to hazardous materials emergencies, and for the purchase of equipment, supplies, materials, or improvements for the fire department and for such other city departments as may be involved in or as may respond to any hazardous materials emergency. Monies from the fund shall accumulate, and shall not revert to the general fund of the city.

(Ord. No. 99-17, §§ 1—4, 11-11-99)