| An ordinance pursuant to Public Act 102 of 1990
(MCL 41.806a: MSA5.264(6a), to establish charges for fire department
emergency services, in responding to an incident involving hazardous
matcrial, and to provide methods for the collection of such charges.
The Township of Springport, Jackson County, Michigan, ordains:
Section 1: Purpose
In order to protect the Springport Township from incurring extraordinary
expenses resulting from the utilization for township resources
to respond to an incident involving hazardous material, the Township
of Springport authorizes the imposition of charges to recover
reasonable and actual costs incurred by the fire department in
responding to calls for assistance in connection with a hazardous
Section 2: “Hazardous Material” defined
For purposes of this ordinance, a “hazardous material”
includes, but is not limited to a combustable liquid, a flammable
gas, an explosive, toxics and corrosives. It also includes those
materials declared to be hazardous by either the United States
Environmental Protection Agency or the Michigan Department of
Section 3: “Release” defined
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, leaching, or disposing into the environment.
Section 4: “Responsible Party” defined
Any individual, firm, corporation, association, partnership,
government entity or any other legal entity that is responsible
for a release of hazardous material, either actual or threatened,
or that is an owner tenant, occupant or in control of property
onto which or from which hazardous materials release.
Section 5: “Charges Imposed Upon Responsible Party”
Where the fire department responds to a call for assistance in
connection with a hazardous materials release, all costs or expenses
incurred by the fire department in responding to such a call,
shall be imposed upon the responsible parties. Those costs and
A. $200.00 per hour, or fraction thereof, for each pumper required,
in the opinion of the officer in command, to stand by at the hazardous
materials incident. For each hour, or fraction thereof, that the
pumps are activated, an additional sum of $50.00 per hour shall
B. $150.00 per hour, or fraction thereof, for each water tender
required, in the opinion of the officer in command, to be utilized
in responding to the hazardous materials incident.
C. $100.00 per hour, or fraction thereof, for each additional
fire department vehicle required, in the opinion of the officer
in command, to be utilized in responding to the hazardous materials
D. All personal- related costs incurred by the fire department
as a result of responding to the hazardous materials incident.
Such costs may include, but are not limited to, wages, salaries
and fringe benefits and insurance for all full-time and part-time
fire fighters, over time pay and related fringe benefit costs
for hourly employees, and fire run fees paid to on call fire fighters.
Such personnel-related charges shall commence after the first
hour that the fire department has responded to the hazardous materials
incident, and shall continue until all township personnel have
concluded hazardous materials incident-related responsibilities.
E. Other expenses incurred by the fire department in responding
to the hazardous materials incident including, but not limited
to the rental of machinery and equipment, the purchase of water,
and replacement costs related to disposable personal protective
equipment, extinguishing agents and other supplies.
F. Changes to the township imposed by any local, state, or federal
government entities related to the hazardous materials incident.
G. Costs incurred in accounting for all hazardous materials incident-related
expenditures, including billing and collection costs.
H. All other costs or expenses incurred by the township as a result
of responding to the hazardous materials incident.
Section 6: Billing Procedures
Following the conclusion of the hazardous materials incident,
the Fire Chief shall submit a detailed list of all known costs
and expenses to the Township Billing Department, who shall prepare
an invoice to the responsible party for payment. The billing invoice
shall demand full payment within thirty (30) days of receipt of
the bill. Any additional costs or expenses that become known to
the fire department chief following the transmittal of the bill
shall be invoiced in the same manner on a subsequent bill to the
responsible party. For any amounts that remain unpaid after thirty
(30) days, the Township shall impose a late charge of one (1%)
percent per month, or fraction thereof.
Section 7: Other Remedies
The township may pursue any other remedy, or may institute any
appropriate action or proceeding, in a court of competent jurisdiction
to collect charges imposed under this ordinance. The recovery
of charges imposed under this ordinance does not limit the liability
of responsible parties under state or federal law, rule or regulation.
Section 8: Severability
Should any provision or part of this ordinance be declared, by
any court of competent jurisdiction, to be invalid or unenforceable,
the same shall not affect the validity or enforce ability of the
balance of this ordinance which shall remain in full force and
Section 9: Effective Date
This ordinance shall take effect immediately. All ordinances
or parts of ordinances in conflict are hereby repealed.
Adopted March 10, 2003