Title
Consider/Discuss/Act on an Ordinance Amending the Code of Ordinances, Chapter 42- Fire Prevention and Protection and Appendix A, Schedule of Fees by the Addition of Hazardous Materials Incident Response Cost Recovery Fees.
summary
MEETING DATE: April 5, 2011
DEPARTMENT: Fire Department
CONTACT: Mark Wallace, Fire Chief
RECOMMENDED ACTION: Approve Ordinance
ITEM SUMMARY:
· No fee changes are proposed. (Applies existing fees to Hazardous Materials Incidents)
· The fees listed in this ordinance are the same fees that were approved in 2007 by ordinance (2007-09-090) as cost recovery fees for incidents occurring in the Extra Territorial Jurisdiction (ETJ).
Item |
Current ETJ Fee |
Proposed HazMat Fee |
Engine/hr. |
$ 378 |
$ 378 |
Aerial Ladder/hr. |
$ 498 |
$ 498 |
ARFF Truck/hr. |
$ 489 |
$ 489 |
Med Unit/hr. |
$ 103 |
$ 103 |
BC Vehicle/hr. |
$ 32 |
$ 32 |
Staff Vehicle/hr. |
$ 25 |
$ 25 |
Firefighter/hr. |
$ 19 |
$ 19 |
Captain/hr. |
$ 27 |
$ 27 |
Battalion Chief/hr. |
$ 33 |
$ 33 |
· These cost recovery fees are the same fees we currently charge for cost recovery of incident costs involving hazardous materials spills and leaks as allowed by federal regulations.
· Adoption of this ordinance will simply allow for local enforcement of cost recovery provisions, rather than the current reliance on federal and state enforcement.
BACKGROUND INFORMATION:
· Billing the "Primary Responsible Party" (PRP) for hazardous materials incidents is one of the oldest form of fire department billing in the United States.
· McKinney has billed the PRP for the costs related to hazardous materials incidents responded to by the McKinney Fire Department for many years, as allowed by federal regulations.
· Adoption of this ordinance would allow for local remedies under the enforcement provisions of the Fire Code, rather than having to rely on federal enforcement for the recovery of costs involving the spill or leak of reportable quantities of extremely hazardous substances as required by state and federal regulations.
· During 2010, we did not have any spills or leaks that were billable incidents in McKinney.
· Hazardous materials incidents are typically uncommon and difficult to predict, but can result in extreme costs to a community.
· These costs typically involve the use of disposables (foam, spill control booms and pads, building earthen dikes with heavy equipment, etc) as well as replacement of contaminated or destroyed gear and equipment.
· Many of these incidents involve long-duration operations that greatly reduce a community's ability to provide effective services in the remainder of the community during the event.
· Local monitoring of private clean-up and remediation companies often last for several days or weeks in some cases and is mandatory by federal regulations.
· The last major incident occurred several years ago on northbound Highway 75 at the Honey Creek Bridge when commercial truck carrying liquid-cell batteries, passing through McKinney, crashed and burned.
FINANCIAL INFORMATION:
· There is no annual revenue estimated to result from this cost-recovery ordinance.