2h Resolution Establishing Opertional Cost to be recovered from Hazardous Material Incidents CITY OF
CHANHASSEN
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690 COULTER DRIVE • RO, BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
I TO: Mayor
City Council
Don Ashworth, City Manager
1 FROM: Scott Harr, Public Safety Director
DATE: June 29, 1993
SUBJ. A Resolution Establishing • ..'! ational Cost To Be Recovered From
Hazardous Material Incidents Is*
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I On June 8, 1992, the Chanhassen City council pas d and adopted the attached resolution
setting fees to be recovered from hazardous mated .1 's'ncidents, which State Statute permits
I us to charge. Ar '
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This memo is to recommend that li i'A item #8, Pe nnel, be adjusted from $16.00 per
firefighter, to $16.Q0 per hour per • • u'ghter. While it ;k originally recommended that we
I go with $16.00 per firefighter, • e has been subseque ,1, discussion regarding this. Since!,
last year, experiences with sp` : 6nfirms what we origin. i suspected: That after the initial ''
emergency response by tk.: ir 6 department, the firefighte 4- that have voluntarily taken the
1 specialized training purr* • staying at the scene for a coniti.erable amount of time (again,
above and beyon&-WtitllieSthtt ifiteftpittnhat*alte;tie' been so trained spend at the
I scene). Theref •,, ,..Atislautittelieti ., A1040"14104104ffc:ffi..!..014I:41:,,,, :t* stifled.
It is the recommendatioiT6f0e4ke Chief, the two Assistant Fire. *,: t, .P e Fire Marshal,
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and the Public Safety Director thal*tilttathed r • 1 1,. tt.e• adjusting the hourly
pay for personnel involved with hazardous 1 r ate fri at fie rate of $16.00 per firefighter per
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hour.
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v Ii4iir PRINTED ON RECYCLED PAPER
City of Chanhassen ' / 1
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Carver and Hennepin Counties, Minnesota
1 DATE: RESOLUTION NO:
' MOTION BY: SECONDED BY:
A RESOLUTION AMENDING OPERATION COST TO BE RECOVERED FROM
1 HAZARDOUS MATERIAL INCIDENTS
WHEREAS, the Chanhassen Fire Department is responsible to respond to hazardous
' material incidents; and
WHEREAS, Minnesota State Statute authorizes a political subdivision to recover
1 reasonable and necessary cost incurred in responding to hazardous material incidents; and
' WHEREAS, the City of Chanhassen has taken steps to mitigate environmental,
property and personal damage by purchasing equipment to respond immediately to
hazardous material incidents with trained personnel.
' WHEREAS, the Chanhassen City Council has established a fee schedule.
' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen that the cost for fire personnel shall be $16.00 per firefighter per hour.
' Passed and adopted by the Chanhassen City Council this day of
1993.
' Don Ashworth, City Manager Donald J. Chmiel, Mayor
1 YES NO ABSENT
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City of Chanhassen
Carver and Hennepin Counties, Minnesota
DATE: June 8, 1992 RESOLUTION NO: 92 -69
MOTION BY: Workman SECONDED BY: Wing
A RESOLUTION ESTABLISHING OPERATION COST TO BE RECOVERED FROM
HAZARDOUS MATERIAL INCIDENTS
WHEREAS, the Chanhassen Fire Department is responsible to
respond to hazardous material incidents; and
WHEREAS, Minnesota State Statute authorizes a political
subdivision to recover reasonable and necessary cost incurred in
responding to hazardous material incidents; and
WHEREAS, the City of Chanhassen has taken steps to mitigate
environmental, property and personal damage by purchasing equipment
to respond immediately to hazardous material incidents with trained
personnel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Chanhassen that the following operation cost may be recovered
from hazardous material incidents pursuant to law:
1) Engines $125.00 per hour
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2) Utility Truck /Grass Riggs $ 75.00 per hour
3) Aerial Truck $150.00 per hour
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4) Tankers $ 75.00 per hour
5) City Dump Truck $ 50.00 per hour 1
6) City Owned /Operated heavy •
Equipment $ 75.00 per hour
(i.e. backhoe, loaders, etc.)
7) Community Service Officer Vehicle $ 25.00 per hour
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8) Personnel - $16.00 per firefighter $ 16.00 per
for entire incident, including firefigher
all cleanup required to place
equipment back into service.
9) Cost of replacing all equipment used on 1
scene that was contaminated, damaged or
expended, shall be billed to the responsible
party on current replacement cost plus 10%
for handling and processing.
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Passed and adopted by the Chanhassen City Council this 8th day
of June, 1992.
ATTEST:
Don Ashworth, City Clerk /Manager Donald J. e , Mayor
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YES NO ABSENT
Chmiel None None
Wing
Dimler
' Mason
Workman
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CITYOF
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CHANHASSEN .
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 I EY C!W administrator
MEMORANDUM Alodikl�, I
Aucte
TO: Mayor Deis 6._ q-(i 2
City Council pet Submitted to Commission
Don Ashworth, City Manager
Bate S:2br:+tted to Council
FROM: Scott Harr, Public Safety Director '' — SZ—
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DATE: June 4, 1992
SUBJ: Resolution Establishing Operation Cost to be Recovered
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from Hazardous Material Incidents
This memo is to recommend that the attached RESOLUTION ESTABLISHING 1
OPERATION COST TO BE RECOVERED FROM HAZARDOUS MATERIAL INCIDENTS be
passed and adopted by the City Council.
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BACKGROUND
Government agencies are increasingly billing those that create 1
exceptional events with the costs of responding to them. The
Minnesota Legislature has supported this through Minnesota
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Statute 115B.04, which states that "any person who is responsible
for a release or a threatened release of a hazardous substance from
a facility is strictly liable, jointly and severally, for... all
reasonable and necessary response costs incurred by the state,
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political subdivision... state or the United States... ".
ANALYSIS 1
Because we have the statutory authority to bill costs of responding I
to hazardous material incidents, the attached resolution has been
developed to set forth the fees. This Council has expressed an
interest in considering appropriate user fees in order to recover II costs of certain activities carried out by the City.
While there has been a concern for charging for city services that
are expected to be carried out by the City, our responding to
hazardous material incidents are above and beyond the type of calls II
that we consider routine. In fact, we have, with the support of
the City Council, purchased supplemental material to mitigate
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t 4 PRINTED ON RECYCLED PAPER
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June 4, 1992
Page 2
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hazardous material spills, and have trained the Fire Department for
such specialized responses. By promptly responding to such calls,
we can directly intervene and mitigate potentially serious
contamination of our lakes and general environment.
1 But this can become very costly, particularly when, in addition to
the Fire Department response, city personnel and equipment must be
1 called in. For example, a chemical spill from a truck might
require that city vehicles bring sand, front end loader and
personnel to control the chemicals from going into a lake. In
1 addition, we would need Community Service Officers to control
traffic around the event, and possibly supplemental fire & rescue
equipment to control the situation.
1 It seems only fair that the cost be covered by the organization
that causes the spill. This is what the legislature has authorized
through the above referenced statute.
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RECOMMENDATION
1 The attached resolution sets forth a fee schedule to enable the
City of Chanhassen to recover costs for hazardous material
incidents. It is the recommendation of the Fire Chief, Fire
1 Marshal and the Public Safety Director that this resolution be
passed and adopted.
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