§ 9-19. Response to hazardous materials emergencies; fees and charges.

(a)

Purpose and authority. The City of Cartersville Fire Chief or his/her designee shall have the authority to summarily abate, control and contain hazardous materials which are emitted into the environment in such a manner as to endanger the health or safety of the general public or the environment. The fire chief or his/her designee shall have the authority to enter public or private property with or without the owner's consent, to respond to such hazardous materials emergencies. The fire chief or his/her designee shall determine the type, amount and quantity of equipment and personnel required to adequately abate, control and contain all hazardous materials which are emitted into the environment. Hazardous materials shall mean materials, substances or chemicals that can cause harm to people, animals or the environment, including nuclear and biological materials and natural gas, fuel, ethanol and oil spills. Hazardous materials shall also mean the term as defined in 49 CFR Section 171.8, including but not limited to those materials specified in the hazardous materials table set forth at 49 CFR Section 172.101 and those materials listed in Appendices A and B to 40 CFR Part 355.

(b)

Responsibility; fees and charges.

(1)

The property owner and/or the person exercising control over the hazardous materials that create the hazardous material emergency shall be held financially liable for the response, control, containment, and all equipment and materials costs incurred by City of Cartersville Fire Department during the emergency. In incidents involving natural gas/propane leaks, cut lines, chemical spills, and other types of release, the property owner and/or the person performing the work which caused the release shall be held financially liable for the response, control, containment, and all equipment and materials costs incurred by the fire department during the emergency.

(2)

The property owner and/or person exercising control over such hazardous material shall provide personnel to assist with all matters pertaining to the incident including informing fire department personnel of details regarding the incident, supplying emergency response plan information for the site, and supplying emergency response equipment, materials, and personnel that have been adequately equipped and trained pursuant to the requirements of state and federal laws.

(3)

The fire department shall be authorized, pursuant to O.C.G.A. § 25-3-2, to confiscate any supplies, chemical or equipment necessary for such emergency.

(4)

The property owner and/or the person exercising control over the hazardous material shall be responsible for all remediation and "clean up" activities after the incident at their own expense. All measures, whether provided internally or through a third-party vendor, must meet all applicable state and federal guidelines.

(5)

The fire department shall not be liable for the use of outside personnel during any phase of the incident.

(c)

Incidents involving hazardous materials.

(1)

In fire incidents that involve hazardous materials or an exposure to hazardous materials, no fee will be assessed for resources normally associated with firefighting operations; however, fees will be assessed as a result of the use/application of supplies or equipment outside of normal firefighting operations, such as the use of foam required for vapor suppression or hazard mitigation. Fees shall be assessed for those activities and resources pertaining to the abatement, control, and containment of the hazardous materials involved.

(2)

In addition, the replacement cost of equipment that is no longer usable due to damage or contamination related directly to the hazardous material incident will be assessed and a full replacement rate for damaged equipment.

(3)

Fees may be assessed against the property owner of the location where the incident occurs, and/or also against the person or entity exercising control over the hazardous material. In the event of a leased, rented or barrowed property, both the property owner and the tenant/occupant operating the business using the hazardous materials shall be responsible for the incident costs.

(4)

The fire department shall present a detailed bill of costs incurred in the hazardous materials emergency to the property owner and/or responsible party within thirty (30) days of the conclusion of the incident. The property owner and/or responsible party shall have thirty (30) days to remit payment to the city. In the event the property owner and/or responsible party desires to appeal the assessment, they may do so within ten (10) days by requesting a meeting with the fire chief.

(5)

In the event that the property owner and/or responsible party desires to appeal the decision of the fire chief, they may do so by filing a written appeal to the mayor and city council along with the full amount of the bill of costs.

a.

Additionally, if an applicant disagrees with the invoice, said applicant shall have the right to appeal to the mayor and city council within fourteen (14) days of the date of denial.

b.

The notice of appeal to the mayor and city council shall be in writing and accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The notice of appeal must be filed in writing at the office of the city clerk. The grounds for the appeal shall be limited to issues that were addressed in the hearing. Upon receipt of a notice of appeal, the city manager shall submit the entire record of the case to the mayor and city council and the fire chief or his/her designee may also submit a memorandum in response to the memorandum filed by the appellant. The fire chief or his designee shall place the appeal on the agenda of the next regular council meeting occurring not less than ten (10) or more than thirty (30) days after receipt of the appeal, unless the parties stipulate to another date. The appellant shall have the right to be represented by legal counsel. At the hearing, the mayor and city council will receive oral arguments on written memoranda and the evidence in the record. The right to offer oral argument may be waived. No additional evidence or arguments shall be permitted at the council meeting, and the council shall base its decision on the memoranda, oral arguments, if any, and other evidence in the record. Following the appeal hearing, the council may sustain, overrule or modify the order. The mayor and city council have thirty (30) days from the date of hearing to render a decision in this matter. The decision of the mayor and city council shall be final and the appellant shall have the right to seek a writ of certiorari to the Superior Court of Bartow County within thirty (30) days of the final action of the mayor and city council. The original of the mayor's order shall be filed in the record of the case, and a copy of the order shall be included in the minutes of the mayor and city council meeting. It shall be the responsibility of the city clerk to provide a copy of the order to the appellant.

c.

The factors to be considered by the mayor and city council in deciding the appeal are as follows:

1.

If the appellant meets the federal guidelines for indigency as approved by the Department of Health and Human Services, Poverty Guidelines Notice.

2.

The cause of the incident is determined by the fire department.

3.

Impact of outside factors beyond appellant's control as to the cost of the incident.

4.

The involvement or lack of involvement by the property owner, responsible party or their agents.

(6)

The appeal shall not toll the deadline for payment. The mayor and city council's decision shall be final. In the event the property owner and/or responsible party does not pay, the city shall be authorized to suspend the certificate of occupancy for the property, and/or file a lien for the costs against the property, and/or file a legal action to enforce and collect the amount owed.

(7)

These fees are applicable to any services performed by the City of Cartersville under the Automatic AID and First Responder Agreement entered into between Bartow County and the City of Cartersville on September 13, 2000 and amended on March 10, 2015, and any future agreements thereto.

(Ord. No. 28-18, § 1, 10-4-18)