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Municipal Code

Chapter 6. Fire Protection

Sec. 6-35. Hazardous material incident response reimbursement.

(1) Prohibited discharges. No person shall discharge or cause to be discharged, leaked, leached or spilled upon any public or private street, alley, public or private property, or onto the ground, surface waters, subsurface waters or aquifers or within the city, except those areas specifically licensed for waste disposal or landfill activities and to receive such materials, any explosive, flammable or combustible solid, liquid or gas; any radioactive material at or above nuclear regulatory restriction levels; etiologic agents or any solid, liquid or gas creating a hazard, potential hazard or public nuisance; or any solid, liquid or gas having a deleterious effect on the environment.

(2) Containment, cleanup and restoration. Any person in violation of subsection (1) of this section shall, upon direction of any fire and rescue department officer, begin immediate actions to contain, clean up and remove to an approved repository the offending material and restore the site to its original condition, with the offending person being responsible for all expenses incurred. Should any person fail to engage the necessary men and equipment to comply or to complete the requirements of this section, the office of the emergency management coordinators may order the required actions to be taken by public or private sources, and allow the recovery of any and all costs incurred by the City of Marshfield as action imposed by subsection (3) of this section.

(3) Reimbursement for emergency services response. The city may require reimbursement for services necessary for response to hazardous materials incidents, including, but are not limited to, fire services, emergency medical services, and law enforcement services. A person who possesses or controls a hazardous substance which is discharged or who causes the discharge of a hazardous substance shall be responsible for reimbursement to the responding agencies for actual and necessary expenses incurred in carrying out their duties under this section. Actual and necessary expenses may include, but are not limited to: replacement of equipment damaged by the hazardous material, cleaning, decontamination and maintenance of the equipment specific to the incident; personnel inspection costs incurred in the procurement and use of specialized equipment specific to the incident; specific laboratory expenses incurred in the recognition and identification of hazardous substances in the evaluation of response,decontamination, cleanup and medical surveillance; and costs incurred in future medical surveillance of response personnel as required by the responding agency's medical advisor.

(4) Site access. Access to any site, public or private, where a prohibited discharge is indicated or suspected will be provided to fire and rescue department officers and staff and to City of Marshfield Police Department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup and restoration activities.

(5) Public protection. Should any prohibited discharge occur which threatens the life, safety or health of the public at, near or around the site of a prohibited discharge, and the situation is so critical that immediate steps must be taken to protect life and limb, the fire chief, his assistant, or the senior police official on the scene of the emergency may order an evacuation of the area or take other appropriate steps for a period of time until the council for the City of Marshfield can take appropriate action.

(6) Enforcement. The fire chief, as well as City of Marshfield police officers, shall have authority to issue citations or complaints under this section.

(7) Civil liability. Any person in violation of this section shall be liable to the City of Marshfield for any expenses incurred by the city or loss or damage sustained by the city by reason of such violation.

(Code 1982, 5.19; Ord. No. 1000, 4, 11-11-2003)