17-16 O - Adding Hazardous Materials Incident Response Section to Chapter 5 of Code of OrdinancesTOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-16
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING CHAPTER 5, "FIRE PREVENTION AND PROTECTION,"
OF THE TOWN'S CODE OF ORDINANCES, BY ADDING A NEW ARTICLE 5.05,
"HAZARDOUS MATERIALS INCIDENT RESPONSE"; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Prosper Fire Department is authorized to identify, control and clean up
hazardous materials incidents and to coordinate the assistance of other departments and
agencies as may be necessary; and
WHEREAS, the Prosper Fire Department also is authorized to inspect facilities to
ensure compliance with regulations governing the storage, use and handling of hazardous
materials; and
WHEREAS, the Town Council has determined that it would be both advantageous and
beneficial to the residents of the Town of Prosper to provide for the abatement or cleanup of
hazardous materials incidents, and for the collection of expenses associated therewith.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Chapter 5, "Fire Prevention and
Protection," of the Town's Code of Ordinances is hereby amended by adding thereto a new Article
5.05, "Hazardous Materials Incident Response," to read as follows:
"ARTICLE 5.05 HAZARDOUS MATERIALS INCIDENT RESPONSE
Sec. 5.05.001 Intent and scope of this article
It is the intent of this article that any party who owns or possesses any hazardous material
involved in a hazardous materials incident within the town or any party who accidentally,
negligently, or intentionally causes or is responsible for a hazardous materials incident within
the town shall be liable for the payment of costs incurred by the fire department, police
department, public works department, and other departments or agencies which assist, to abate
such an event. The remedies provided by this article shall be in addition to any other remedies
provided by law.
Sec. 5.05.002 Definitions
Hazardous materials shall mean any substances or materials in a quantity or form which, in the
determination of the fire chief or his authorized representative, poses a risk to persons, property
or the environment, and shall include, but not be limited to, such substances as explosives,
radioactive materials, petroleum products, poisons, compressed or liquefied gases, etiologic
(biologic) agents, oxidizers, corrosives, carcinogens, cryogens and organic peroxides.
Hazardous materials incident shall mean the release, abandonment, discharge, deposit, or
potential release, of a hazardous material from its intended container into the environment and
which has the potential to harm persons, property or the environment.
Sec. 5.05.003 Recoverable costs
Costs incurred by any department of the town shall include, but not be limited to, expenses
attributable to the abatement or cleanup of any hazardous materials incident, including the cost
of personnel, equipment operations, materials and supplies, disposal, overhead,
specialists/experts or other contract labor not in the full-time employment of the town, overtime
and any other incidental costs. Basic costs associated with fire department services shall be
four hundred eighty dollars ($480.00) per hour for each engine or truck company, and two
hundred forty dollars ($240.00) per hour for each medical unit or utility vehicle. The responsible
party or parties shall be billed for the recovery of the costs described above as follows:
(1) For the first hour of an incident, measured from the time the first fire department
vehicle arrives at the incident scene, only the costs of materials and supplies,
disposal, and specialists/experts or other contract labor not in the full-time
employment of the town shall be billable.
(2) Beginning one (1) hour after the first fire department vehicle arrives at the
incident scene, all costs described in this section shall be billable.
Sec. 5.05.004 Hazardous materials permits
Permits shall be required for the storage, handling, or use of hazardous materials in excess of
the amounts outlined on the most current list of chemicals with an immediate danger to life and
health (IDLH) issued by the United States Environmental Protection Agency (EPA). Copies of
such list shall be maintained in the office of the fire chief. The fee for hazardous materials
permits will be one hundred dollars ($100.00) per site per year. Application for hazardous
materials permits shall be made to the Prosper Fire Department.
Sec. 5.05.005 Authorizing suits for injunctive or other relief
The town attorney is authorized to file suit on behalf of the town for injunctive or other relief as
may be necessary to enforce the provisions of this article and for the collection of fees as
provided herein."
Ordinance No. 17-16, Page 2
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such
violation shall continue shall constitute a separate offense. The penal provisions imposed under
this Ordinance shall not preclude the Town from filing suit to enjoin the violation, and the Town
retains all legal rights and remedies available to it.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PRCk§fJ5RRT& AS, ON THIS 28TH DAY OF FEBRUARY, 2017.
Ray Smith, Mayor
e ° i
ATTESt
Robyn Bayle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 17-16, Page 3