3.45.130 User fees for hazardous material incidents.
A. Definitions.
1. “Hazardous materials” mean those elements, substances, wastes or by-products that are defined as such by the city of Maricopa fire code or materials whose unintentional release is potentially harmful to the environment or human or animal life, or which pose an unreasonable or imminent risk to life, health or safety of persons or property, or to the ecological balance of the environment as determined by the fire chief or the senior fire official of the city in charge at the scene. These materials include, but are not limited to, combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizers, pyrophorics, unstable reactive matter, water reactive matter, petroleum products, anti-freeze, polychlorinated biphenyls and asbestos.
2. “Hazardous material incident” means any occurrence, incident, activity, accident or emergency where a release of hazardous materials occurs or is reasonably imminent and where the fire chief or his or her designee has so declared such activity, accident or emergency a hazardous material incident or emergency.
3. “Responsible party” means any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity responsible for a hazardous material incident or any owner, tenant, occupant or party in control of real and personal property from which, onto which or related to which there is a hazardous material incident and their heirs, estates, successors and assigns.
B. A user fee is hereby established for the delivery of city of Maricopa fire/medical department and other city services, personnel, supplies, and equipment to the scene of a hazardous materials incident. The user fee and any penalties shall be the same as established by the council pursuant to MCC 3.45.120.
C. A notice of user fee shall be sent to the responsible party by U.S. Mail or by any other method that provides evidence of receipt, representing an add-on cost of the claim for damages of the property, vehicles, clean up, and/or injuries. The claim costs shall be sent to the insurer of the responsible party.
D. In the event the responsible party believes an error was made in the assessment of the user fee, the responsible party may file a written statement setting forth fully the grounds for their appeal with the city manager within 30 days from the date of the notice sent pursuant to subsection (C) of this section. If the appeal does not state a valid basis or is untimely, the city manager shall dismiss, upon written determination, the appeal in whole or in part before scheduling a hearing. For any part of the appeal that is not dismissed, the city manager will conduct a hearing within 10 business days of receipt of the appeal and may resolve the appeal based on the merits. The city manager shall issue a written decision to the responsible party within five business days of the hearing, which shall be delivered to the responsible party via certified U.S. Mail or other verifiable delivery methodology. The decision of the city manager shall be the final administrative remedy available under Chapters 3.15 through 3.45 MCC.
E. The following entities, properties and services shall be exempt from the foregoing charges:
1. Residents and residential property owners, when the incident or emergency is the result of legal and noncommercial activities.
2. Incidents involving city buildings, grounds and/or property.
3. Incidents involving buildings or property which is owned or operated by other governmental agencies.
4. Services performed outside the jurisdiction of the city of Maricopa under a mutual aid contract with another municipality or governing agency. [Ord. 18-09 § 1; Res. 18-24; Ord. 11-06; Code 2004 § 3-124.]