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Home My WebLink AboutOrd 2576 - Reenact TMC Chapter 6.14 "Hazardous Materials Cleanup" - Recovery of CostsCity of Tukwila Washington Ordinance No. 6'9 L AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1519; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 6.14, "HAZARDOUS MATERIALS CLEANUP," TO AUTHORIZE THE RECOVERY OF COSTS ASSOCIATED WITH RESPONSES TO HAZARDOUS MATERIALS INCIDENTS WITHIN THE CITY OF TUKWILA RESPONSE AREAS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, there are occasions when the City of Tukwila must respond to hazardous materials incidents, as defined by RCW 70.136.020, to protect the public from actual or threatened harm; and WHEREAS, such incidents may require special cleanup activities, such as causing the contents of a vehicle to be deposited upon a street or highway, or its appurtenances; and WHEREAS, such incidents may require traffic control, scene safety, detours, removal of debris resulting from the incident, hazardous material control and hazardous material removal; and WHEREAS, the individual who willfully or negligently caused such incidents should be liable for the costs of the City of Tukwila's response to the incident; and WHEREAS, RCW 4.24.314(2) provides that "Any person, other than a person transporting hazardous materials or an operating employee of a company, responsible for causing a hazardous materials incident, as defined in RCW 70.136.020, is liable to a municipal fire department or fire district for extraordinary costs incurred by the municipal fire department or fire district, in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident, until the incident oversight is assumed by the department of ecology;" and WHEREAS, RCW 4.24.314(3) defines "extraordinary costs" as "those reasonable and necessary costs incurred by a governmental entity in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire W: Word Processing\Ordinances\Hazardous materials cleanup -TMC 6.14 5-15-18.doc JW:bjs Page 1 of 4 protection, emergency services, and public works. These shall include, but not be limited to, overtime for public employees, unusual fuel consumption requirements, any loss or damage to publicly owned equipment, and the purchase or lease of any special equipment or services required to protect the public during the hazardous materials incident;" and WHEREAS, the Tukwila Fire Department is the appropriate agency to have jurisdiction over such incidents; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 1519 is hereby repealed. Section 2. TMC Chapter 6.14 Reenacted. Tukwila Municipal Code (TMC) Chapter 6.14 is hereby reenacted to read as follows: CHAPTER 6.14 HAZARDOUS MATERIALS CLEANUP Sections: 6.14.010 Definitions 6.14.020 Compliance 6.14.030 Liability for extraordinary costs 6.14.040 Incident response costs 6.14.050 Presentation of claims 6.14.060 Fees Section 3. TMC Section 6.14.010 is hereby established to read as follows: 6.14.010 Definitions As used in this chapter, these terms shall be defined as follows: 1. "Extraordinary costs" means those reasonable and necessary costs incurred by the City of Tukwila, Tukwila Fire Department, and local authorities in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire protection, emergency services and public works. These shall include, but not be limited to, overtime for City employees; unusual fuel consumption requirements; any loss or damage to City -owned equipment; the purchase or lease of any special equipment or services, and all processing and data collection costs required to protect the environment, community property and the public during the hazardous materials incident. 2. "Hazardous materials" means: a. Materials which, if not contained may cause unacceptable risks to human life within a specified area adjacent to the spill, seepage, fire, explosion, or other release, and will, consequently, require evacuation; W: Word Processing\Ordinances\Hazardous materials cleanup -TMC 6.14 5-15-18.doc JW:bjs Page 2 of 4 b. Materials that, if spilled, could cause unusual risks to the general public and to emergency response personnel responding at the scene; c. Materials that, if involved in a fire will pose unusual risks to emergency response personnel; d. Materials requiring unusual storage or transportation conditions to assure safe containment; or e. Materials requiring unusual treatment, packaging, or vehicles during transportation to assure safe containment. 3. "Hazardous materials incident" means an incident creating a danger to persons, property, or the environment as a result of spillage, seepage, fire, explosion, or release of hazardous materials, or the possibility thereof. 4. "Person" means an individual, partnership, corporation, or association. Section 4. TMC Section 6.14.020 is hereby reenacted to read as follows: 6.14.020 Compliance Any person transporting hazardous materials shall be responsible for the cleanup of any hazardous materials incident that occurs during transportation, and shall take such additional action as may be reasonably necessary after consultation with the Tukwila Fire Department in order to achieve compliance with all applicable federal and State laws and regulations. Section 5. TMC Section 6.14.030 is hereby reenacted to read as follows: 6.14.030 Liability for extraordinary costs Any person responsible for causing the hazardous materials incident, other than operating employees of the transportation company involved in the incident, is liable to the City for extraordinary costs incurred by the City in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident. The liability stated in this chapter applies to an owner of a vehicle or a vehicle operated with the owner's permission, the owner of a property or an individual on the owner's property, or a person who willfully or negligently causes or permits such an incident to occur. Section 6. TMC Section 6.14.040 is hereby established to read as follows: 6.14.040 Incident response costs Any person causing a hazardous materials incident requiring a City of Tukwila, Tukwila Fire Department or local authority response shall be responsible for the extraordinary costs of the hazardous materials incident response. Such costs shall include, but not be limited to, traffic control, detours, scene safety, removal of debris resulting from the hazardous materials incident, hazardous material control and hazardous material removal. W: Word Processing\Ordinances\Hazardous materials cleanup -TMC 6.14 5-15-18.doc JW:bjs Page 3 of 4 Section 7. TMC Section 6.14.050 is hereby established to read as follows: 6.14.050 Presentation of claims The City of Tukwila, Tukwila Fire Department and local authorities may present claims for liability under this chapter, bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this chapter. Section 8. TMC Section 6.14.060 is hereby established to read as follows: 6.14.060 Fees Fees related to incident response costs and "extraordinary costs" shall be in accordance with the Fire Department Fee Schedule adopted by resolution of the City Council. Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 10. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 11. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this at sl—day of ATTEST/AUTHENTICATED: 14 rt Christy O'Fla y, MMC, City Cler APPROVED AS TO FORM BY: MiLik Rachel B. Turpin, City Attorney , 2018. Allan Ekberg, Mayor Filed with the City Clerk: C -16 -/V Passed by the City Council: --,44-1,1? Published: c ---(P4-1? Effective Date: - j Ordinance Number: �) & W: Word Processing\Ordinances\Hazardous materials cleanup -TMC 6.14 5-15-18.doc JW:bjs Page 4 of 4 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2576. On May 21, 2018 the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: Ordinance 2576: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1519; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 6.14, "HAZARDOUS MATERIALS CLEANUP," TO AUTHORIZE THE RECOVERY OF COSTS ASSOCIATED WITH RESPONSES TO HAZARDOUS MATERIALS INCIDENTS WITHIN THE CITY OF TUKWILA RESPONSE AREAS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: May 24, 2018