1j. Fees for hazardous materials incident I
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I 690 DRIVE • P:O: BOX 147 • .CHANHASSEN! MINNESOTA 55317
4612) -1900 • FAX .(61.2) 937 =5739
Alio by City Administrator
I 6ldonec' ✓ )
11 MEMORANDUM -140di>
iecte
TO: Mayor Date & ° 2--
City Council
li Mate Submitted to. commission.
Don•Ashworth, City Manager
, Otto Suitir fitted• to Council
FROM: Scott Harr, Public Safety Director ' b k -
DATE: June 4, 1992
') SUBJ: Resolution Establishing Operation Cost to be Recovered
from Hazardous Material Incidents
1, This memo is to recommend that the attached RESOLUTION ESTABLISHING
.OPERATION .COST TO BE RECOVERED FROM HAZARDOUS' MATERIAL INCIDENTS be
11 passed and adopted :by the City Council.
I BACKGROUND .r
I Government agencies are increasingly billing those that create
exceptional .events with the costs. of'responding to. them. The
I Minnesota Legislature has supported this through Minnesota
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
I reasonable and necessary response costs incurred by the state,,
political subdivi-sion.... state or „the United .States... ".
II --- ANALYSIS _ _,. ._..__ . _.__. - ` '
, Because we have the statutory authority to bill costs of responding,
to hazardous material incidents, the. attached resolution has been
developed to set forth the fees. , This Council has expressed' an
I interest in considering appropriate user fees in-order to recover
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costs of certain activities carried out by the City.
11 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
that we consider routine. In fact, we-have, with' the -support of
li the City Council, purchased' supplemental .material to mitigate
I F t « ►� 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
' addition, we would need Community Service Officers to control
traffic around the event, and possibly supplemental fire & rescue
equipment to control the situation.
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.
RECOMMENDATION
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
Marshal and the Public Safety Director that this resolution be
passed and adopted.
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City of Chanhassen 1
Carver and Hennepin Counties, Minnesota
DATE: RESOLUTION NO: '
MOTION BY: SECONDED BY:
A RESOLUTION ESTABLISHING 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 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. 1
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 ,
2) Utility Truck /Grass Riggs $ 75.00 per hour
3) Aerial Truck $150.00 per hour
4) Tankers $ 75.00 per hour '
5) City Dump Truck $ 50.00 per hour
6) City Owned /Operated heavy Equipment $ 75.00 per hour ,
(i.e. backhoe, loaders, etc.)
7) Community Service Officer Vehicle $ 25.00 per hour 1
8) Personnel - $16.00 per firefighter for $ 16.00
entire incident, including all cleanup per firefighter I
required to place equipment back into
service.
9) Cost of replacing all equipment used on '
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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1 Passed and adopted by the Chanhassen City Council
this day of , 1992
ATTEST:
1 Don Ashworth, City Clerk/Manager Donald J. Chmiel, Ma
Y � or Y
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YES NO ABSENT
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