§ 13-38. Flagler County fire rescue hazardous substance; recovery of costs.

(a)

Short title. This section shall be known and may be cited as the "Flagler County Fire Rescue Hazardous Substance; Recovery of Costs Code."

(b)

Authority and purpose. This section is promulgated pursuant to F.S. chs. 125 and 252, and under the home rule powers of Flagler County. The purpose of this section is to promote the health, safety, and welfare of the residents of Flagler County in the event of a hazardous chemical leak/spill by establishing regional hazardous materials response teams, providing performance standards for delivery of such services, establishing an oversight committee and establishing cost recovery for responding to hazardous materials emergencies.

(c)

Applicability. It is hereby provided that this section shall constitute a uniform law applicable in all the incorporated and unincorporated areas of Flagler County, Florida, as authorized by F.S. chs. 125 and 252.

(d)

Definitions. In this section, unless the context suggests otherwise, the following terms mean and are defined as follows:

(1)

Hazardous material response team: Organized response team of emergency response personnel, specially trained to recognize, respond to and mitigate hazardous materials emergencies, in accordance with the Statewide Regional Hazardous Response Plan.

(2)

Hazardous substance: Any substance or material in a quantity or form, which poses an unreasonable and imminent risk to life, health, safety, or welfare of persons or property within the county including, but not limited to, those substances listed in the National Fire Protection Association's "Guide on Hazardous Materials," the EPA'S list of "Extremely Hazardous Substances: as contained in 40 CFR 355 or the "Florida Substance List," promulgated by the State Department of Labor and Security, or CERCLA in 40 CFR 300.6, or their successors.

(3)

Response actions: Any activity which is carried out in response to any discharge/release or threatened discharge/release of any hazardous substance, including but not limited to, investigating, monitoring, assessing, containing, cleaning up or disposing of hazardous substances.

(4)

Responsible party: One (1) or more persons, partnerships, corporations, joint ventures, associations, or other entities or any combination thereof found, upon investigation by a regional hazardous materials response team, to have caused or contributed to the discharge or release of a hazardous substance.

(5)

Cost: Cost means those necessary and reasonable costs incurred by the county in connection with responding to, investigating, mitigating, abating, clearing and removing the release of a hazardous substance. Such costs shall not include costs incurred for actual fire suppression services which are normally or usually provided by the county. Such costs include, but are not limited to:

a.

Disposable materials and supplies acquired, consumed and expended.

b.

Overtime cost for compensation of county employees for the time devoted specifically to the release.

c.

Rental or leasing of equipment used specifically for the incident.

d.

Decontamination of equipment contaminated during the release.

e.

Replacement costs for equipment contaminated during the release.

f.

Special technical services specifically required.

g.

Other special services specifically required as a result of the response, for example, utilities.

h.

Laboratory costs for purposes of analyzing samples.

i.

Cost associated with the services, supplies and equipment procured for a specific evacuation.

The county department and/or division incurring any of the above-described costs shall keep a detailed record thereof.

(6)

Release: Release means any intentional or unintentional action or omission resulting in the discharge, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance, or substantial threat of release, upon public or private property located within the areas of Flagler County or its contract areas, and which, in the determination of the fire chief or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within Flagler County.

(e)

Cost recovery.

(1)

For all incidents of less than four (4) hours duration, the responsible party shall reimburse the county for the cost of all expendable supplies used during response actions, including, but not limited to, firefighting foam, chemical extinguishing agents, recovery drums, absorbent materials, protective clothing, gloves, and test equipment, all as determined by the emergency services director.

(2)

For all incidents of four (4) hours or greater in duration, the responsible party shall reimburse the county for the cost of all expendable supplies used during response actions, the cost of equipment and apparatus used during the response actions, the cost of personnel assigned to the responding regional hazardous materials response team. The cost of the equipment and apparatus shall be calculated in accordance with the current State of Florida, Fire Apparatus Rate Schedule, as approved by the State of Florida, Department of Emergency Management, and as periodically amended. The emergency services director shall determine costs which are the obligation of the responsible party.

(3)

For the purpose of this section, "duration" shall be considered as the time period beginning with the arrival on scene of the first fire/rescue staff member and ending with the release of the last hazardous materials response team member from the scene and the return to their home station.

(f)

Late fee and violations penalties.

(1)

Invoice. Any person responsible for causing or allowing a discharge or threatened discharge of a hazardous substance and who fails to reimburse the county within thirty (30) days from issuance of the invoice shall be subject to a late fee in the amount of eighteen (18) percent per annum of the total amount of the invoice.

(2)

Violations. Failure to provide payment within six (6) months of the issuance of the invoice is a violation of this section and shall be prosecuted in the same manner as a misdemeanor pursuant to F.S. § 125.69, and upon conviction, the violator shall be subject to a fine not to exceed five hundred dollars ($500.00) and/or imprisonment in the Flagler County Jail for not more than sixty (60) days, or both.

(3)

No limitation. Prosecution under subsection (2) above shall not preclude enforcement and collection of the invoiced amount and late fees provided for in subsection (1).

(Ord. No. 2008-21, §§ 1—6, 8-4-08)