G-09-05-28-11B1 - 5/28/2009ORDINANCE NO. %�01,�&227(l(
AN ORDINANCE AMENDING CHAPTER 5, CODE OF
ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS
BY ADDING SECTION 5.700, REGARDING HAZARDOUS
MATERIAL INCIDENTS AND RECOVERING COSTS; AND
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 5, Code of Ordinances (1995 Edition), City of
Round Rock, Texas, is hereby amended by adding a Section 5.700
which shall read as follows:
SECTION 5.700 HAZARDOUS MATERIALS INCIDENTS
5.701 DEFINITIONS
(1)
Hazardous Materials shall mean any substances or materials in any quantity or form
which, are capable of creating a risk to the life, health or safety of persons or causing
damage to property or the environment. It shall include but not be limited to
explosives, radioactive materials, petroleum or petroleum products, poisons,
flammables and corrosives.
(2) Hazardous Materials Incident shall mean the release or potential release of a hazardous
material from its container into the environment.
(3)
Costs shall mean expenses incurred by the Fire Department attributable to the
containment, abatement, cleanup, control, capture or disposal of any Hazardous
Materials Incident as set out in Section 5.707 as well as actual expenses incurred by the
Fire Department through the use of an outside source or sources to perform or assist in
performing such actions. Costs shall also include actual expenses incurred by any
other department of the City including but not limited to costs of equipment operations,
costs of personnel, costs of materials and supplies, costs of specialists, experts or other
contract labor not in the full-time employment of the City, disposal costs, overhead
costs, overtime costs and any other incidental costs incurred by the City related to a
Hazardous Materials Incident. Costs shall also include costs incurred by area
governmental entities requested through mutual aid agreements with the City related to
a Hazardous Materials Incident.
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5.702 REPORTING
It shall be unlawful for any person with knowledge of a Hazardous Materials Incident to fail to
immediately notify the Fire Department of such incident.
5.703 RESPONSIBILITY
Any person who owns, possesses, stores or transports Hazardous Materials involved in a
Hazardous Materials Incident shall be responsible for the payment of Hazard Mitigation Costs
to the City.
5.704 AUTHORITY AT HAZARDOUS MATERIALS INCIDENTS
Fire Department personnel at the scene of a Hazardous Materials Incident shall have the
authority to direct such operation as necessary for the protection of persons, property or the
environment and to take the necessary steps for containment, abatement or cleanup of
Hazardous Materials including retaining an outside source or sources to perform or assist in
performing such actions. In the exercise of such authority, Fire Department personnel are
authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and are
authorized to remove or cause to be removed from the scene any person, vehicle, vessel or
thing. Fire Department personnel are authorized to place ropes, guards, barricades or other
obstructions across any street, alley, place or private property in the vicinity of such operations
so as to prevent accidents or interferences with the lawful efforts of the Fire Department to
manage and control the situation. Fire Department personnel are authorized to investigate the
cause, origin and circumstances of a Hazardous Materials Incident.
5.705 INTERFERENCE WITH FIRE DEPARTMENT PERSONNEL
It shall be unlawful to interfere with, obstruct or disobey the lawful commands of Fire
Department personnel exercising his/her authority under this Section.
5.706 COST RECOVERY PROCEDURES
The City shall send a detailed invoice or invoices for Hazardous Material Costs to the person
responsible for the costs of a Hazardous Materials Incident within 60 days after the incident is
completely contained and all property and/or environmental damage is repaired. The City may
send such invoices prior to complete containment and repair. The responsible person shall pay
said invoice(s) in full within 30 days after the date the invoice is mailed. Failure to timely pay
each invoice shall result in the accumulation of interest on any unpaid balances in an amount
allowed by law. The City may enforce the provisions of this Section by any action allowed by
law for the collection of any amounts due hereunder, including reasonable and necessary
attorneys fees, costs and expenses.
5.707 FIRE DEPARTMENT FEES
The fees for services provided by the Fire Department related to a Hazardous Materials
Incident are as follows:
2
Apparatus
Engine, per hour
Quint / Aerial, per hour
Tanker, per hour
Booster Truck, per hour
Rescue Truck, per hour
Haz-Mat Trailer, per hour
Support Truck, per hour
Squad Truck, per hour
Command Unit, per hour
Staff Vehicle, per hour
Haz-Mat Mobile Lab Unit, per hour
Ambulance/EMS Unit, per hour
Personnel
Fire Fighter, per hour
Haz-Mat Operations Level, per hour
Haz-Mat Technician Level, per hour
Haz-Mat Specialists Level, per hour
Haz.Mat Incident Command, per hr
Protective Equipment
FF Helmet
FF Hood
Bunker Coat
Bunker Pants
FF Boots
FF Gloves
Face Shield
Disposable Goggles
Ear Plugs
Over Boots
Chemical Boots
Nitrile Gloves, per pair
Nitrile Gloves, 15m1, per pair
411 Chem. Res. Gloves, per pair
12" Neoprene Gloves, per pair
Butyl Gloves, per pair
Tyvek Coveralls, each
Tyvek 9400 HD Coveralls
Level B TyChem Suit 9400
Level A Responder Chem -Suit
CPF Suit Tape 2", per roll
Isotherm Cooling Vest
Isotherm Repl Packs, each
SBCA 4500 Pack, per unit
Testing and Monitoring Equipment
PH Paper Roll .5"x10'
Nerve Agent Sensor
Drager Unit
Drager Tubes(Group 1) 10 pack
Drager Tubes(Group 2) 10 pack
Drager Tubes(Group 3) 10 pack
Drager Tubes(Group 4) 10 pack
Drager Tubes(Group 5) 10 pack
Drager Tubes(Group 6) 10 pack
$750.00
$750.00
$500.00
$300.00
$625.00
$225.00
$300.00
$125.00
$175.00
$75.00
$600.00
$350.00
$35.00
$35.00
$40.00
$65.00
$75.00
$180.00
$25.00
$450.00
$350.00
$165.00
$55.00
$5.00
$12.00
$5.00
$20.00
$65.00
$1.00
$12.25
$17.00
$36.25
$30.00
$10.00
$82.00
$145.00
$1235.00
$360.00
$20.00
$72.00
$95.00
$9.75
$32.25
$55.00
$51.75
$55.75
$61.75
$67.75
$77.75
$118.35
3
B/W Detect Simultin Device 10 pk $97.25
Tri -Chem Single Unit $107.00
Chemical Agent Detect Kit M256A1 $25.00
Dosimeter DMC20 $37.00
Portable Radiation Survey Meter $60.00
Radiation Survey Meter $280.00
Spil-Fyter Class Strips 50 pack $272.05
Pressure Test Kit $100.00
Haz-Mat Tool Kit $120.00
Haz-Mat Gas Detection Kit $150.00
Orion 4 Gas Meter $175.00
Infrared Heat Detector $75.00
ISGK90 Thermal Imager $200.00
Fire Equipment
Axe $20.00
Pike Pole $20.00
Bolt Cutters $20.00
Chain Saw, per hour $40.00
PPV Fan, per hour $50.00
Generator, per hour $45.00
Scene Lights, each $15.00
Light Tower $75.00
Salvage Cover, each $25.00
Hall Runner, each $15.00
Portable Water Tank $50.00
Submersible Pump $30.00
1 3/4" Fire Hose (Damaged) $137.50
2 1/2" Fire Hose (Damaged) $154.00
4"/5" Supply Line (Damaged) $795.00
Foam Nozzle $50.00
Foam Eductor $45.00
Dry Chemical Extinguisher $40.00
CO2 Extinguisher $40.00
Class D Extinguisher $75.00
Rescue Equipment
Spreaders $100.00
Cutters $100.00
Rams $100.00
Air Bags $100.00
K-12 Saw $75.00
Rescue Rope, per foot $1.25
Utility Rope, per foot $.75
Rescue Harness $25.00
Tripod $200.00
Sked Rescue System $75.00
Stokes Basket $50.00
Haz-Mat Equipment
Leak & Plug Kit $75.00
Chlorine Kit A $175.00
Chlorine Kit B $175.00
Mercury Spill Kit $110.75
Decon Drain Grid $20.00
Decon Catch Basin $20.00
Decon Shower Kit $65.00
Decon Privacy Curtain $50.00
Decon Soap $10.00
4
15 Gallon Salvage Drum
30 Gallon Salvage Drum
55 Gallon Salvage Drum
30 Gallon Overpack Drum
95 Gallon Overpack Drum
Drum Liners, each
Drum Dolly
5 Gallon Pump Sprayer
Poly Sheeting, per roll
Duct Tape. Per roll
Waste/Bio Hazard Bag
Materials & Supplies
Absorbent (per 20 lb bag)
Absorbent Pillows 5'x17"-17 per cs
Absorbent Socks 3"x10'-4 per case
Absorbent Pads 16"x20"-100 per cs
Absorbent Booms 8"x10'-4 per case
Soda Ash, per 50 lbs bag
AFFF Foam, per gallon
Class A Foam, per gallon
Micro -Blaze, per gallon
Micro -Blaze, per 5 gallon
Barricade Tape, per 100'
Miscellaneous
Dispatch Fee
Cellular Phone Usage, per 1/a hour
Rehab Supplies, per actual cost
Disposal Charges
(10% over actual disposal cost)
Rental Equipment
(10% over actual rental cost)
$55.00
$75.00
$85.00
$65.00
$200.00
$8.00
$25.00
$20.00
$50.00
$10.00
$1.50
$9.00
$58.50
$53.25
$78.00
$107.25
$52.00
$35.00
$20.00
$30.00
$132.50
$20.00
$95.00
$15.00
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
5
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 2009.
Alternative 2.
READ and APPROVED on first reading this the Milldayof
Y
k4tAy
READ, APPROVED and ADOPTED on second reading this the
11 -611 -day of,( , 2009.
C
, 2009.
ATTEST:
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
6
DATE: May 21, 2009
SUBJECT: City Council Meeting — May 28, 2009
ITEM: *1181. Consider an ordinance amending Chapter 5, Code of Ordinances, by adding
Section 5.700 regarding Hazardous Material Incidents and recovering costs.
(Second Reading)
Department: Fire
Staff Person: Larry Hodge, Fire Chief
Justification:
This ordinance gives the Fire Department personnel the authority at Hazardous Materials Incidents to
take the necessary action to protect person(s), property and/or the environment and to take the
necessary steps for containment, abatement or cleanup of Hazardous Materials, including retaining an
outside source or sources to perform or assist in performing such actions, to investigate the cause,
origin and circumstances of a Hazardous Materials Incident. In addition, this ordinance gives the Fire
Department the means to collect all expenses incurred for any resources used by the Fire Department or
other City Departments.
Funding:
Cost:
Source of funds:
Outside Resources:
Revenue to the City
General Fund
Responsible parties
Background Information:
The Round Rock Fire Department Hazardous Material Team has been using the City resources at various
Hazardous Material Incidents without receiving reimbursement from the responsible parties. This
ordinance will give the Fire Department the means to collect funds for resources used at Hazardous
Material Incidents.
Public Comment: N/A