89-9312 Emergency Action(Published in The Salina Journal February 13, 1989)
ORDINANCE NUMBER 89-9312
AN ORDINANCE PROVIDING FOR RECOVERY BY CERTAIN
GOVERNMENTAL ENTITIES OF EXPENSES INCURRED IN AN EMERGENCY
ACTION IN RESPONSE TO A RELEASE OR THREATENED RELEASE OF MATERIAL
INTO OR UPON THE ENVIRONMENT.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That the Salina Code is hereby amended by adding
Article IV, Chapter 10, which shall read as follows:
"Chapter 10
ARTICLE IV
EMERGENCY ACTION IN RESPONSE TO A RELEASE OR
THREATENED RELEASE OF MATERIAL INTO OR UPON THE
ENVIRONMENT
"Section 10-50. Definitions.
(a) Emergency action shall mean all of the concerted
activities conducted in order to prevent or mitigate
injury to human health or the environment from a
release or threatened release of any material into or
upon the environment.
(b) Governmental entities shall include the City of Salina,
Saline County, the Salina -Saline County Emergency
Preparedness Department, the Salina Airport Authority,
and any entity responding under a mutual aid
agreement with the City of Salina.
(c) Person shall include any individual, corporation,
association, partnership, firm, trustee, or legal
representative.
(d) Recoverable expenses. In General recoverable expenses
are those expenses that are reasonable, necessary and
allocable to the emergency action. Recoverable
expenses shall not include normal expenditures that are
incurred in the course of providing what are
traditionally local services and responsibilities, such as
routine firefighting. Expenses allowable for recovery
may include, but are not limited to:
(1) Disposable materials and supplies acquired,
consumed and expended specifically for the
purpose of the emergency action.
(2) Compensation of employees for the time and efforts
devoted specifically to the emergency action that is
not otherwise provided for in the governmental
entity's operating budget.
(3) Rental or leasing of equipment used specifically for
the emergency action (e.g., protective equipment
or clothing, scientific and technical equipment) .
(4) Replacement costs for equipment owned by the
governmental entity that is contaminated beyond
reuse or repair, if the governmental entity can
demonstrate that the equipment was a total loss
and that the loss occurred during the emergency
action (e.g. , self-contained breathing apparatus
irretrievable contaminated during the response) .
(5) Decontamination of equipment contaminated during
the response.
(6) Special technical services specifically required for
the response (e.g., costs associated with the time
and efforts of technical experts or specialists not
otherwise provided for by the governmental
entity) .
(7) Other special services specifically required for the
emergency action.
(8) Laboratory costs for purposes of analyzing samples
taken during the emergency action.
(9) Any costs of cleanup, storage, or disposal of the
released material.
(10) Costs associated with the services, supplies and
equipment procured for a specific evacuation.
(11) Medical expenses incurred as a result of response
activities.
(12) Legal expenses that may be incurred as a result of
the emergency action, including efforts to recover
expenses pursuant to this Article.
(e) Release shall mean any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping or disposing into or upon
the environment.
"Section 10-51. Purpose.
This article provides a means for the governmental
entities to recover, through civil suit, the recoverable
expenses they incur in taking an emergency action.
"Section 10-52. Liability.
Any and all persons responsible for a release or
threatened release which results in an emergency action shall
be liable to the governmental entities for the recoverable
expenses resulting from the emergency action.
"Section 10-53. Recovery of expense.
The staffs of the governmental entities involved in the
emergency action shall keep a detailed record of its
recoverable expenses resulting from the emergency action.
Promptly after completion of the emergency action, the staffs
shall certify those expenses to the appropriate legal counsel
and shall request that legal counsel bring a civil action for
recovery of the recoverable expenses against any and all
persons responsible for the emergency action. Not less than
thirty (30) days before filing the civil suit, legal counsel
shall submit a written, itemized claim for the total certified
expenses incurred by the governmental entities for the
emergency action to the responsible party and a written
notice that, unless the amounts are paid in full to the
respective governmental entitles within thirty (30) days after
the date of the mailing of the claim and notice, legal counsel
will file a civil action for the stated amount. Moneys
recovered under this Article shall be credited to the
appropriate funds of the governmental entity from which
moneys were expended in performing the emergency action."
Section 2. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
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[SEAL]
ATTEST:
Jacque ine Shiever, City Clerk
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Introduced: January 30, 1989
Passed: February 6, 1989
Sydney Soderberg Mayor