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1h Haz Mat ChargesCITYOF 7iry Center Drive, PO Box 147 ~nhassen, Minnesota 55317 Phone 612.93Z 1900 ~neral Fax 612.937.5739 ineering Fax 612.93Z9152 !lc Safe~y Fax 612.934.2524 www. ci. chanhasse n. mn. us MEMORANDUM TO: Mayor City Council FROM: Scott A. Botcher, City Manager DATE: August 18, 1999 SUB J: Haz Mat Charges Please find enclosed a copy of a memo from the Fire Marshal regarding Haz Mat charges for the City of Chanhassen. Following an annual review, the Fire Department is recommending adjusting the rates for hazardous material responses. Initial reimbursement rates were established by Policy 41-1992 and were amended on July 26, 1993. To my knowledge, they have not been amended since. I am including h packet of information provided by Mark for your review. I concur with his recommendation and would ask for your approval. If you have any questions, please contact me. g:\user\scottb\haz mat charges.doc 7i~y of Chanhassen. A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, and beautifiul parks. A ereat place to live, work, and ola~. CITYOF CHANHASSEN MEMORANDUM 690 City Center Drive, PO Box147 TO: Chanhassen, Minnesota 55317 Phone 612.93Z 1900 General £ax 612.93Z5739 £ngineering Fax 612.93Z9152 Public Safety F~ 612.934.2524 Web www. ci. chanhassen, mn. us Scott Botcher, City Manager FROM: Mark Littfin, Fire Marshal DATE: June 16, 1999 SUBJECT: Haz Mat Change~ Currently the Fire Department is charging for hazardous material responses. (See Sheet lA). The equipment reimbursement rates were established by "Policy #41-1992". They were amended by resolution on July 26, 1993, to establish pay rates for Chanhassen flrefighters responding to hazardous materials (Haz Mat) calls. (See Sheet 2A). What the Fire Department is proposing to change are the following: 1. The Community Service Officer (CSO) rate from $25.00 to $15.00 per hour. 2. The cost of the haz mat trailer goes from $75.00 per hour to $100.00. The reason for the increase is the quality and quantity of material we are now able to supply. 3. The cost of Heavy Rescue "216" will be $100.00 per hour. Again this is due to the technical haz mat equipment carried, and ready to be deployed. Comparisons can be seen between sheets lA and 3A. The Fire Department also needs to establish a Firefighter Pay Scale. The justification is as follows: Base pay at $8.00 per hour is the level all firefighters are trained to. Haz Mat operation requires a 40 hour technical college class. Haz Mat Tech/Specialist is an additional 40 to 100 hour of specialty haz mat classes. When our Tech/Specialists are responding, the "spiller" is getting help from very well trained personnel who can I.D. the product as well as mitigate the incident. The proposed pay scales reflect that. The Fire Board has also determined proposed bill procedures for spillers in the city as well as outside the city that we may be responding to through a mutual aid call. (See Sheet 4A). For point of reference, I have inclUded the Minnesota State Statutes referencing "Response Liability" and the definition of "Hazardous Materials" which MS 299A.52 references; What the Fire Department is requesting is for you to review this, and present it to Council for a resolution or ordinance change. If you have any questions, please call me at ext. 132 Or stop by. g:~safctyXml\botchcrhazmat CITYOF .Try Center Drive, PO Box 147 :nhasse,, Minnesota 55317 Phone 612.937.1900 ?neral Fax 612.937.5739 !neering tax 612.937.9152 ic Safe~ Fat' 612.934.2524 , wwu:ci, chanhassen, mn. us 1. Engines 2. Utility trucks/grass rigs 3. Aerial 4. Tankers 5. Heavy Rescue * 6. City dump trucks 7. City owned/operated heavy equipment (i.e., backhoes, loaders, etc.) 8. Community Service Officer vehicle 9. Haz Mat trailer 10. Cost of replacing all equipment used on scene that was contalninated, damaged or expended, shall be billed to the responsible party at current replace~nent cost plus 10% tbr handling and processing. CHANHASSEN FIRE DEPARTMENT POLICY Operation costs to be recovered from hazardous material and/or fire incidents $125.00 per hour $ 75.00 per hour $150.00 per hour $ 75.00 per hour $100.00 per hour $ 50.00 per, hour $ 75.00 per hour $ 25.00 per hour $100.00 per hour Approved- Chanhassen Fire Department Fire Prevention Policy #41 - 1992 Date: 01/25/95 Revised: 07/21/99 Page I of l Haz Mat Tech/Specialist Haz Mat Operations Firefighter Firefighter Pay Scale $22.00 per hour $16.00 per hour $8.00 per hour Firefighter numbers will be reviewed periodically for proper staffing levels. Billing Procedures City/Residential Taxpayer Spill a. will not be billed City/Commercial Taxpayer Spill a. materials used b. trailer costs c. labor charges 1. 0 to 5 hours - no charge 2. 5 hours or greater - all labor from time of call Transportation accidents/spills in Chanhassen a. materials used b. equipment costs c. personnel costs (see pay scale above) County Mutual Aid a. material used b. equipment costs c. personnel costs (see pay scale above) · If heavy rescue 216 is used for Haz Mat calls, reimbursement will be 70% to Haz Mat fund 221-4130 and 30% to city general fund. g:Xs afetykml\firepayscale CITY OF 690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317 (612) 937-1900 · FAX (612) 937-5739 CHANHASSEN FIRE DEPARTMENT POLICY Operation costs to be recovered from hazardous material incidents 1. Engines $ 125.00 per hour .2. Utility trucks/grass rigs $ 75.00 per hour 3. Aerial $ 150.00 per hour o Tankers City dump trucks City owned/operated heavy equipment backhoes, loaders, etc.) (i.e., Community Service Officer vehicle Personnel-$16.00 per firefighter per hour, including all clean ?' required to place equipment back up expended~"~tiall:,b~ billed to the responstble party at'.¢urrent,fCplacement Approved - Public Safety Director $ 75.00 per hour $ 50.00 per hour $ 75.00 per hour $ 25.00 per hour $ 16.00 per hour Chanhassen Fire Department Fire Prevention Policy g41-1992 Date: 01/12/95 Revised: Page 1 of 1 City of Chanhassen Carver and Hennepin Counties, Minnesota DATE: July 26, 1993 MOTION BY: Mason RESOLUTION NO: 93-64 SECONDED BY: Dockendorf A RESOLUTION AMENDING 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. 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 fn'efighter per. hour. Passed and adopted by the Chanhassen City Council this 26th day of July, 1993. Don As-~worth, City'lVl~iger Donafd J. Chj~q', Mayor YES Chmiel Wing Dockendoff Mason NO ABSENT None Senn n'esot'a Statutes 1998, 299A.52 http://www.revi§or.leg.state.mn.us/stats/299A/52.html Minnesota Statutes 1998, Table of Chapters Table of contents for Chapter 299A 299A.52 Responsible person. Subdivision 1. Response liability. A responsible person, as described in section 115B.03, is liable for the reasonable and necessary costs, including legal and administrative costs, of response to a hazardous materials incident incurred by a regional hazardous materials response team or local unit of government. For the purposes of this section, "hazardous substance" as used in section 115B.03 means "hazardous material" as defined in section 299A.49. Subd. 2. Expense recovery. The commissioner shall assess the responsible person for the regional hazardous materials response team costs of response. The commissioner may bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional court costs. Subd. 3. Attempted avoidance of liability. For purposes of sections 299A.48 to 299A.52 and 299K.095, a responsible person may not avoid liability by conveying any right, title, or interest in real property or by any indemnification, hold harmless agreement, or similar agreement. HIST: 1992 c 593 art 2 s 7 Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota.' Minhe~ofa Statutes 1998,299A.49 Minnesota Statutes 1998, Table of Chapters Table of contents for Chapter 299A http://www.revisor.leg.state.mn.us/stats'/299A/49.1 299A.49 Definitions. Subdivision 1. Scope. For the purposes of sections 299A.48 to 299A.52 and 299K.095, the following terms have the meanings given them. Subd. 2. Chemical assessment team. "Chemical assessment team" means a team trained and equipped to evaluate a hazardous materials incident and recommend the best means of controlling the hazard after consideration of life safety concerns, environmental'effects, exposure hazards, quantity and type of hazardous material, availability of local resources, or other relevant factors. Subd. 3. Commissioner. "Commissioner" means the commissioner of public safety. Subd. 4. Hazardous materials. "Hazardous materials" means substances or materials that, because of their chemical, physical, or biological nature, pose a potential risk to life, health, or property if they are released. "Hazardous materials" includes any substance or material in a particular form or quantity that may pose an unreasonable risk to health, safety, and property, or any substance or material in a quantity or form that may be harmful to humans, animals, crops, water systems, or other elements of the environment if accidentally released. Hazardous substances so designated may include explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, p~isons, oxidizing or corrosive materials, and flammable gases. Subd. 5. Local unit of government. "Local unit of government" means a county, home rule charter or statutory city, or town. Subd. 6. Person. "Person" means any individual, partnership, association, public or private corporation or other entity including the United States government, any interstate body, the state, and any agency, department, or political subdivision of the state. Subd. 7. Regional hazardous materials response team. "Regional hazardous materials response team" means a team trained and equipped to respond to and mitigate a hazardous materials release. A regional hazardous materials response team may include strategically located chemical assessment teams. HIST: 1992 c 593 art 2 s 4 Copyright 1998 by the Office of Revisor of Statutes, State of Minnesota. ~lark Littfin -'rom: '0: 3ubject: Scott [sbotcher@ci.chanhassen.mn.us] Wednesday, June 30, 1999 3:36 PM chfirem@c~.chanhassen, mn. us RE: haz mat response ~a rk, ?hanks for the response. would change the dates and keep the CSO rates the same. Please adjust and -esubmit for approval. Fhanks. ~cott ..... Original Message ..... From: Mark Littfin [mailto:chfirem@ci.chanhassen.mn.us] · Sent: Wednesday, June 30, 1999 3:34 PM To: Scott Botcher Subject: haz mat response re. the CSO change. When the rates were established in 1992 Public Safety Director Scott Harr set the rates for CSO's . I thought it was too high, since a CSO's involvment would be traffice control etc. They would not participate in Haz Mat activities. Since '92 they have not been used in any Haz Mat calls. I thought as long as we were adjusting rates, I would adjust the CSO's rate as well. If you want I could leave as is .... With. re. the dates, I forgot to change to a current date Mark Mark Littfin From: Sent: To: Subject: Scott [sbotcher@ci.chanhassen. mn.us] Friday, June 25, 1999 12:26 PM Mark Litfin Resolution Hark, I've read your stuff. Why would we reduce the CSO rate from $25 to $157 These costs haven't dropped. In fact, both exhibit IA and 3A, with the same date, have different CSO vehicle rates. Why? Let me know. Thanks. Scott