LAKE LINDEN VILLAGE CODE
ORDINANCE SERIES 9000 - SAFETY REGULATIONS
THE VILLAGE OF LAKE LINDEN ORDAINS:
Chapter 9050: Dangerous and Hazardous Materials
An Ordinance to regulate dangerous or hazardous materials within the Village, for reimbursement to the Village for the costs of cleanup, and to provide for penalties for a violation.
Section 1. Purpose.
This Ordinance shall enable the Village to obtain reimbursement from those responsible for the leakage, spilling, or otherwise allowing dangerous or hazardous substances or materials to escape from containment requiring a cleanup or disposal by the Village. It also provides for civil and criminal remedies.
Section 2. Dangerous or Hazardous Substances or Materials.
A dangerous or hazardous substance or material is defined as any substance or material which because of its quantity, quality, concentration or physical, chemical, or infectious characteristics may cause or contribute to an increase in mortality or an increase in serious irreversible illness, or serious incapacitating but reversible illness, or pose a present or potential hazard to human health or environment if improperly stored, transported, disposed of, or otherwise managed. Included, but not by way of limitation, are such substances as chemicals, gases, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, flammable and corrosives, and those substances or materials defined as hazardous waste in MCL 324.11101, et seq., as amended, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, Public Law 96-510, 94 Stat. 2767. The discharge or release from its container of any substance or material identified herein shall be prima facie in violation of this Ordinance.
Section 3. Responsibility.
Any person or entity who owns, manages, or operates property, equipment, a vehicle or vessel which causes or contributes to a dangerous or hazardous condition including, but not limited to, spillage, leakage, or the release of any substance or material from its container contrary to Section 2 is responsible for a violation of this Ordinance.
Section 4. Duty to Remove and Cleanup.
It shall be the duty of any responsible party as referred to in Section 3. to immediately remove the dangerous or hazardous substance or material, and to cleanup the area of spillage, leakage, or other release of substance or material in such manner that the area affected is fully restored to its condition before the occurrence of the spillage, leakage or release.
Section 5. Failure to Remove and Cleanup.
(A) Any responsible party who fails to comply with the duty to remove or cleanup a dangerous or hazardous substance or material, as set forth in Section 4., shall be liable to and pay the Village for all of its costs and expenses, including all costs incurred by the Village to any party it engages for the abatement, cleanup or restoration of the affected area. The costs incurred by the Village include, but are not limited to, the following: actual labor costs and overhead of Village personnel, including insurance premiums, fringe benefits, administrative overhead, equipment costs, costs of materials obtained for use in cleanup, and the cost for any contract labor and materials.
(B) The costs under this Section shall not include actual fire suppression services which are provided by the Village.
Section 6. Enforcement.
If any responsible person fails to reimburse the Village and
is the owner of the affected property, the Village shall have the right and power to add all costs of cleanup and restoration to the tax roll of the property, and to levy and collect such costs in the same manner as provided for the levy and collection of real property taxes with respect to the property. The Village shall also have the right to bring an action in court against the responsible person to recover its damages, if it deems such an action to be necessary.
Section 7. Penalty.
Any person violating this Ordinance shall also be subject upon conviction to a fine of not more than $500 or imprisonment in the County Jail for a period of 90 days, or both, and the costs of prosecution, in addition to the costs of cleanup and abatement provided for in Sections 5 and 6.
Section 8. Severability.
If it is determined by any Court of law that any provision herein is unenforceable on the grounds that such is vague, in conflict with any Federal or State law, or any other reason, such determination shall not affect the enforceability of the remaining portions of this Ordinance.
Section 9. Effective Date.
This Ordinance shall take effect and be in force 30 days from after its passage and public-ation as required by law.
This Ordinance is adopted and approved by the Village Council of the Village of
Lake Linden on the 9th day of October, 1997.
[Posted on the website of the Village of Lake Linden]