Chapter 9.96


9.96.010    Definitions.

9.96.020    Transportation of hazardous materials.

9.96.030    Responsibility and liability.

9.96.040    Extraordinary costs defined.

9.96.010 Definitions.

As used in this chapter:

“Hazardous materials” means:

(1) Materials, which, if not contained, may cause unacceptable risk to human life within a specified area adjacent to the spill, seepage, fire, explosion or other release, and will, consequently require evacuation;

(2) Materials that, if spilled, could cause unusual risk to the general public and to emergency response personnel responding at the scene;

(3) Materials that, if involved in a fire would pose unusual risk to emergency response personnel;

(4) Materials requiring unusual storage or transportation conditions to ensure safe containment; or

(5) Materials requiring unusual treatment, packaging or vehicles doing transportation to ensure safe containment.

“Hazardous materials incident” means that 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. (Ord. 1110 § 1, 1993)

9.96.020 Transportation of hazardous materials.

(1) Any person transporting hazardous materials shall clean up any hazardous materials incident that occurs during transportation, and shall take such additional actions as may be reasonably necessary after consultation with the designated incident command agency in order to achieve compliance with all attributable federal, state and local laws and regulations.

(2) Any person transporting hazardous materials that is responsible for causing a hazardous materials incident, as defined herein, other than the operating employees of the transportation company, is liable to the city for extraordinary costs incurred by the city or in the course of protecting the public from actual threatened harm resulting from the hazardous materials incident. (Ord. 1110 § 1, 1993)

9.96.030 Responsibility and liability.

Any person, other than a person transporting hazardous materials or an operating employee of a company, responsible for causing the hazardous material incident, as defined herein, is liable to the city for extraordinary costs incurred by the municipality, in the course of protecting the public from actual or threatened harm resulting from the hazardous material incident, until the incident oversight is assumed by the Department of Ecology. (Ord. 1110 § 1, 1993)

9.96.040 Extraordinary costs defined.

“Extraordinary costs” as used in this section means those reasonable and necessary costs incurred by the city 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 public employees, unusual fuel consumption requirements, any loss or damage to publicly owned equipment, and the purchase or lease of any special equipment, services or materials required to protect the public during the hazardous material incident. (Ord. 1110 § 1, 1993)