City of Tulsa Hazmat Fee Ordinance
Note: This ordinance has been amended. Click here to view the amendment
(Published in the Tulsa Daily Commerce & Legal News, August 11 , 2003.)
ORDINANCE NO. 20646
AN ORDINANCE AMENDING TITLE 13, TULSA REVISED ORDINANCES, BY ADDING CHAPTER 4, RELATED TO HAZARDOUS MATERIALS RESPONSES BY THE TULSA FIRE DEPARTMENT; PROVIDING FOR DEFINITIONS; DECLARING
A HAZARDOUS MATERIALS INCIDENT TO BE A NUISANCE; AUTHORIZING THE TULSA FIRE CHIEF TO RESPOND TO A HAZARDOUS MATERIALS INCIDENT; PROVIDING FOR THE PAYMENT OF THE COSTS OF MITIGATING A HAZARDOUS MATERIALS INCIDENT; PROVIDING FOR A FEE IN LIEU OF COSTS; PROVIDING FOR AN APPEAL; REPEALING ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY OF TULSA:
Section 1. That Title 13, Tulsa Revised Ordinances, be and the same is hereby amended to add a Chapter 4 to read as follows:
"CHAPTER 4
HAZARDOUS MATERIALS INCIDENT RESPONSE
Section 400. Definitions.
Section 401. Nuisance.
Section 402. Response.
Section 403. Responsibility.
Section 404. Exemptions.
Section 405. Fee In Lieu of Costs.
Section 406. Fee In Lieu of Costs for Responses Outside the City of Tulsa
Section 407. Service Limits.
Section 408. Appeal.
SECTION 400. DEFINITIONS
A. For purposes of this chapter, "hazardous substance" means any substance that, because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential hazard, according to federal, state, and/or local standards and regulations, to human health and safety or to the environment if released from its intended container.
B. For purposes of this chapter, a hazardous materials incident is defined as any incident that involves the release of any hazardous material from its intended container that has the potential to harm persons, property, or the environment.
C. Business entity or person means any corporation, sole proprietorship, partnership, limited partnership, person, firm, or other similar entity engaged in any commercial, business, or industrial transaction of any nature.
D. Hazardous materials response team means the hazardous materials response team of the City's Fire Department.
E. Responsible party means, jointly and severally, all persons involved in the possession, ownership, or transportation of any hazardous material that is released or abandoned, or who have legal liability for the causation of an incident resulting in the release or abandonment of any hazardous material.
SECTION 401. NUISANCE
Due to the harmful effects of hazardous substances, a hazardous materials incident is hereby declared to be a nuisance.
SECTION 402. RESPONSE
The Tulsa Fire Chief is authorized to respond to any hazardous materials incident within or outside the City of Tulsa in order to mitigate the effects of any hazardous substance or waste unlawfully, accidentally, or negligently released, discharged, or deposited upon or into any property or facilities within the City.
SECTION 403. RESPONSIBILITY
A. The following described persons shall be liable to the City for the payment of all costs incurred by the City as a result of a hazardous materials incident:
1. The person or persons whose accidental, negligent, or willful act or omission proximately caused such release, discharge, or deposit;
2. The person or persons who owned or had custody or control of the hazardous substance or waste at the time of such release, discharge, or deposit without regard to fault or proximate cause; and
3. The person or persons who owned or had custody or control of the container that held such hazardous waste or substance at the time or immediately prior to such release, discharge, or deposit without regard to fault or proximate cause.
B. The costs for responding to a hazardous materials incident by the City shall be computed as follows:
1. For attendance of each hazardous materials response apparatus when the response team expends resources to mitigate an incident the rate shall be One Thousand Dollars ($1,000.00) for the first hour or any portion thereof and Nine Hundred Dollars ($900.00) per hour thereafter; and
2. For attendance of any additional City of Tulsa fire company, the rate shall be Nine Hundred Dollars ($900.00) per hour; and
3. The actual costs of equipment, supplies, materials, and/or contract labor utilized in the mitigation efforts.
SECTION 404. EXEMPTIONS
A. Notwithstanding any other provision of this chapter, any individual who constitutes a responsible party as defined in Section 400 shall not be required to pay charges authorized under Subsection 403.B or to pay a fee in lieu of costs allowed under Sections 406 and 407 for the release or abandonment of any hazardous material if all of the following conditions are met:
1. The individual otherwise responsible or liable for the release or abandonment of hazardous materials is not involved in the possession, ownership, or transportation of the hazardous materials as the employee, agent, or servant of any business entity or person;
2. The individual involved in the possession, ownership, or transportation of the hazardous materials that are released or abandoned is involved solely for private, noncommercial purposes related to the individual's own residential property, real property, or private personal property, and the individual receives or is to receive no compensation for any services involving the hazardous materials; and
3. The hazardous materials possessed, owned, or being transported by the individual are in forms, quantities, and containers ordinarily and lawfully available for sale as consumer products to members of the general public.
B. The Mayor and Fire Chief may by contract enter into mutual aid agreements for hazardous materials response services with various persons. No charge shall apply where a contract calls for reciprocal service or supplies without charge.
SECTION 405. FEE IN LIEU OF COSTS
Any entity or person otherwise required to pay the charges set forth in Section 403.B may be exempted from such requirement for a period of one (1) year by paying to the City, at the offices of the Fire Chief, Tulsa Fire Department, Accounting and Finance Section, an appropriate annual fee. The payment of the fee shall be due on March 1 of each year. The fee shall be computed as follows:
A. For businesses according to the number of employees at each fixed
facility, the fee per facility shall be:
1 - 5 employees $100.00
6 - 10 employees $250.00
More than 10 employees $500.00
B. For trucking firms, a fee, in addition to the appropriate fee for fixed facilities set out in Subsection A, above, shall be required according to the number of trucks operated as follows:
1 - 5 trucks $100.00
6 - 10 trucks $250.00
More than 10 trucks $500.00
C. For railroad companies, a fee, in addition to the appropriate contribution for fixed facilities set out in Subsection A, above, shall be required as follows:
For each railroad company $500.00
D. For pipeline companies, a fee, in addition to the appropriate fee for fixed facilities set out in Subsection A, above, shall be required as follows:
For each pipeline company $500.00
E. For barge companies, a fee, in addition to the appropriate fee for fixed facilities set out in Subsection A, above, shall be required according to the number of barges utilized as follows:
1 - 5 barges $100.00
6 - 10 barges $250.00
More than 10 barges $500.00
F. No single business entity or person shall be required to pay more than Five Thousand Dollars ($5,000.00) per year as an fee in lieu of costs.
SECTION 406. FEE IN LIEU OF COSTS FOR RESPONSES OUTSIDE THE CITY OF TULSA
Any entity or person otherwise required to pay the charges set forth in Section 403.B for a hazardous materials response by the Tulsa Fire Department outside the City of Tulsa boundaries may be exempted from such requirement for a period of one (1) year by paying to the City, at the offices of the Fire Chief, Tulsa Fire Department, Accounting and Finance Section, an appropriate annual fee. The payment of the fee shall be due on March 1 of each year. The fee shall be computed as follows:
A. For businesses according to the number of employees at each fixed facility, the fee per facility shall be:
1 - 5 employees $200.00
6 - 10 employees $500.00
More than 10 employees $1,000.00
B. For trucking firms, a fee, in addition to the appropriate fee for fixed facilities set out in Subsection A, above, shall be required according to the number of trucks operated as follows:
1 - 5 trucks $200.00
6 - 10 trucks $500.00
More than 10 trucks $1,000.00
C. For railroad companies, a fee, in addition to the appropriate contribution for fixed facilities set out in Subsection A, above, shall be required as follows:
For each railroad company $1,000.00
D. For pipeline companies, a fee, in addition to the appropriate fee for fixed facilities set out in Subsection A, above, shall be required as follows:
For each pipeline company $1,000.00
E. For barge companies, a fee, in addition to the appropriate fee for fixed facilities set out in Paragraph I above, shall be required according to the number of barges utilized as follows:
1 - 5 barges $100.00
6 - 10 barges $500.00
More than 10 barges $1,000.00
F. No single business entity or person shall be required to pay more than Ten Thousand Dollars ($10,000.00) per year as an fee in lieu of costs.
SECTION 407. SERVICE LIMITS
The service provided by the hazardous materials response team is limited to the initial emergency response to a hazardous materials release or abandonment incident and includes only those stabilization and protective measures deemed necessary and feasible by the incident commander to initially address the immediate threat to the public health and safety. Deployment of the team beyond the scope of the team's resources and capabilities for such an initial response is not contemplated under this title and the City reserves the right to terminate the services of the team at any time after arrival at the site. Protective and stabilization requirements continuing beyond the cessation of service, along with the cleaning up, removal, or disposal of hazardous materials, and any testing, monitoring, or long-term care of the site of the hazardous materials incident shall remain the duty of the responsible party. The provisions of this chapter shall not be construed to excuse or exempt any responsible party from any legal duties, liabilities, or costs associated with the hazardous materials release or abandonment other than the costs for the services of the hazardous materials response team for the duration of the service call.
SECTION 408. APPEAL
Anyone assessed the costs of mitigating a hazardous materials incident may appeal the assessment to the City Council by notifying the Council Secretary within ten (10) days of receipt of the notification of the assessment."
Section 2. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict herewith be and the same are now expressly repealed.
Section 3. EMERGENCY CLAUSE. That an emergency is now declared to exist for the preservation of the public peace, health, and safety, by reason whereof this ordinance shall take effect immediately from and after its passage, approval, and publication.
AN ORDINANCE AMENDING TITLE 13, TULSA REVISED ORDINANCES, SECTIONS 401, 405 AND 406, RELATED TO HAZARDOUS MATERIALS RESPONSES BY THE TULSA FIRE DEPARTMENT; DEFINING A RESPONSIBLE PARTY; AMENDING THE EXEMPTIONS TO THOSE WHO MAY PAY A FEE IN LIEU OF COSTS; REPEALING ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY OF TULSA:
Section 1. That Title 13, Tulsa Revised Ordinances, Section 401(E) be and the same is hereby amended to read as follows:
E. Responsible party means, jointly and severally, all persons involved in the possession, ownership, or transportation of any hazardous material that is released or abandoned.
Section 2. That Title 13, Tulsa Revised Ordinances, Section 404 be and the same is hereby amended to read as follows:
SECTION 404. EXEMPTIONS
A. Notwithstanding any other provision of this chapter, any individual who constitutes a responsible party as defined in Section 400 shall not be required to pay charges authorized under Subsection 403.B or to pay a fee in lieu of costs allowed under Sections 406 and 407 for the release or abandonment of any hazardous material if either of the following conditions are met:
1. The individual otherwise responsible or liable for the release or abandonment of hazardous materials is not involved in the possession, ownership, or transportation of the hazardous materials as the employee, agent, or servant of any business entity or person; or
2. A. The individual involved in the possession, ownership, or transportation of the hazardous materials that are released or abandoned is involved solely for private, noncommercial purposes related to the individual's own residential property, real property, or private personal property, and the individual receives or is to receive no compensation for any services involving the hazardous materials; and
B. The hazardous materials possessed, owned, or being transported by the individual are in forms, quantities, and containers ordinarily and lawfully available for sale as consumer products to members of the general public.
Section 3. That Title 13, Tulsa Revised Ordinances, Section 405 be and the Same is hereby amended by adding a new Subsection G. to read as follows:
G. For any other business, entity, or person, an annual fee of Twenty-five Dollars ($25.00).
Section 4. That Title 13, Tulsa Revised Ordinances, Section 406 be and the same is hereby amended by adding a new Subsection G. to read as follows:
G. For any other business, entity, or person, an annual fee of Twenty-five Dollars ($25.00).
Section 5. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict herewith be and the same are now expressly repealed.
Section 6. EMERGENCY CLAUSE. That an emergency is now declared to exist for the preservation of the public peace, health and safety, by reason whereof this ordinance shall take effect immediately from and after its passage, approval and publication.