HAZARDOUS MATERIALS RESPONSE COST RECOVERY ORDINANCE MARCH 20, 2017 �' o Harnett
COUNTY
NORTH CAROLINA
HAZARDOUS MATERIALS RESPONSE COST RECOVERY ORDINANCE www.harnett.org
HARNETT COUNTY
An ordinance to provide for recovery of expenses incurred by Harnett County Fire
Departments, including but not limited to departments contracted by Harnett County, in
responding to an emergency hazardous substances and or materials incident in accordance
with NC GS 166A-27.
THE COUNTY OF HARNETT HEREBY ORDAINS:
Section 1. Findings and Purpose.
The County of Harnett finds that a potential exists for responses to incidents involving
the release or threatened release of hazardous substances and or materials. Such incidents
create a great likelihood of personal injury or property damage. The control and abatement of
such incidents places a significant financial and operational burden upon the fire departments,
rescue and emergency medical services, along with other department support resources. The
County finds that it is necessary to adopt an ordinance to establish the liability for such
incidents and to establish a policy and methods which will allow the Fire Department to seek
recovery of the departments costs associated with emergency responses to hazardous
substance and or materials incidents.
Section 2. Definitions.
Compressed Gas shall mean any material regulated as a compressed gas by the United States
Department of Transportation through regulations found in 49 CFR, Section 173.300.
Emergency Response shall mean the providing, sending and or utilizing of firefighting,
emergency medical and rescue services by a fire department, or by a private industrial entity,
corporation or other assisting government agency operating at the request or direction of the
County of Harnett, for an incident resulting in a hazardous substances and or materials release
or threatened release or the clean up or abatement of same.
Expenses of an Emergency Response shall mean the direct and reasonable costs incurred by
the fire department, or by a private person, corporation or other assisting government agency,
which is operating at the request or direction of the County of Harnett, when making an
emergency response to the hazardous substances and or materials incident, including the costs
of providing firefighting, rescue services, emergency medical services, containment storage,
clean up and abatement of all hazardous conditions at the scene of the incident. The costs
further includes all salaries and wages of fire department personnel responding to the incident,
salaries and wages of County personnel engaged in the investigation, supervision and report
preparation regarding said incident, all salaries and wages of personnel of assisting government
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strong roots • new growth
agencies operating at the request or direction of the County, and all costs connected with the
administration of the incident relating to any prosecution of the person(s) responsible,
including those relating to the production and appearance of witnesses at any court
proceedings in relation thereto. Costs shall also include such items as disposable materials and
supplies used during the response to said incident, rental or leasing of equipment used for the
specific response, replacement of equipment which is contaminated beyond reuse or repair
during the response to said incident, special technical services and laboratory cost, and services
and supplies purchased for any specific evacuation relating to said incident.
Hazardous Substances and or Materials shall include but are not limited to a chemical that is a
combustible liquid, a flammable gas, explosives, flammables, oxidizing material, pyrophoric,
unstable reactive or water reactive, radioactive materials, petroleum, petroleum products or
gases, poisons and shall include all those materials and amounts that are designated to require
Regional Response Hazmat Team (RRT) response.
Owner shall mean any person having a vested or contingent interest in the premises, real
property, personal property, container or vehicle involved in the hazardous substances and or
materials incident, including but not limited to any duly authorized agent or attorney,
purchaser, devisee or fiduciary of said person having said vested or contingent interest.
Oxidizing Material shall mean any material regulated as an oxidizing material by the United
States Department of Transportation through regulations found in 49 CFR, Section 173.151.
Person shall mean individuals, firms,joint ventures, partnerships, corporations, clubs and all
associations or organizations of natural persons, either incorporated or unincorporated,
howsoever operating or named, and whether acting by themselves or by a servant, contractor,
employee, agent or fiduciary, and includes all legal representatives, heirs, successors and
assignees thereof.
Poison shall mean any liquid or gas that is life threatening when mixed with air in small
amounts, and shall also include all those materials regulated as poison class A by the United
States Department of Transportation through regulations found in 49 CFR, Section 173.326.
Premises shall mean any lot or parcel of land.
Radioactive Material shall mean any material required by the United States Department of
Transportation to have Type A packaging or other special protection or closed transport
vehicles, under regulations found in 49 CFR, Section 173.425.
Release shall mean any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping or disposing of a hazardous substance or material into
the environment, or the abandonment or disposing of barrels, containers or other closed
receptacles containing a hazardous substance.
Responsible Party shall mean the owner, operator, occupant or other person responsible for
the operation, maintenance and or condition of any building, premises, property or vehicle
Harnett County Hazardous Materials Response Cost Recovery Ordinance
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where an incident arises which involves the release or threatened release of hazardous
substances and or materials on or about said building, premises, property and or vehicle.
Threatened Release shall mean any imminent or impending event potentially causing but not
resulting in a release which causes the County to undertake emergency response.
Vehicle shall mean any mode which is used as an instrument of conveyance, including but not
limited to motor vehicles, railroads, boats, aircraft, etc.
County shall mean any and all Harnett County, North Carolina departments, agencies and
contract agencies of Harnett County, including but not limited to local fire departments which
maintain a contract with Harnett County for emergency services.
Section 3. Hazardous Substances and/or Materials Incidents Policy.
A. In the event that County employees or contracted agencies of the County are
dispatched to a hazardous substances and or materials incident,the County employee
and or contract agency in charge shall notify the responsible parties, including
appropriate State, local and federal agencies, as soon as possible. County personnel
shall make every efforts to limit the County's action to those necessary to address
dangers from fire or the imminent threat of fire or the imminent threat from any
hazardous substances or materials, and necessary evacuation of affected persons.
B. Except for procedures necessitated by fire or the imminent threat of fire resulting from
a hazardous substances or materials incident, County officials are not authorized to
incur any obligations, financial or otherwise,to the County in regards to the mitigation
of impacts resulting from a hazardous substances and or materials incident.
C. All County personnel shall take appropriate steps for a hazardous substances and or
materials response that conform to their level of training and as appropriate to the
supplies and equipment to them, in accordance with established protocols and
procedures.
Section 4. Liability for Expense of an Emergency Response.
A. Responsible Party:The responsible party shall be required to reimburse the County or
any contract agency for the County for all costs and expenses of an emergency response
to said hazardous substances and or materials incident.
B. Charge against Person: The expense of an emergency response shall be a charge
imposed upon the responsible party under this Ordinance. The charge constitutes a
debt of that responsible party and is collectable by the County in the same manner as an
obligation under contract, express or implied.
C. Cost Recovery Schedule: The County Board of Commissioners may by resolution adopt a
schedule of the costs included within the expense of an emergency response. This
schedule shall be available at the Harnett County Clerk of Courts office for inspection by
the public during regular office hours.
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D. Billing:The County may within ten (10) days of receiving itemized costs, or any part
thereof, incurred for an emergency response, submit a bill for these costs by registered
or certified mail, return receipt requested or personal service to the person liable for
the expenses as enumerated under this ordinance. The bill(s) shall require full payment
within thirty days from the date of mailing or service of said bill upon the responsible
person.
E. Contract Agency Billing: Contract agencies i.e. fire departments shall conduct all of their
billing and recovery actions under their agencies financial and equipment procurement
processes.
F. Failure to Pay: Procedure to recover costs. Any failure by the person described in this
Ordinance as liable or responsible for expenses of an emergency response to pay said
bill within thirty (30) days of mailing or service of the bill shall constitute a default on
said bill. In case of default, the county shall have the right and power to add all response
costs to the tax roll of such property involved in the hazardous substances and or
materials incident, and to levy and collect such costs in the same manner as provided
for the levy and collection of real property taxes against said property or premises. The
County shall also have the right to bring action in a court of competent jurisdiction to
collect said costs if the County deems such action to be necessary.
Section 5. Conflict with State or Federal Law.
Nothing in this ordinance shall be construed to conflict with State or federal laws requiring
persons responsible for or causing a release or threatened release from engaging in
remediation activities or paying the cost thereof, or both.
Section 6. Nonexclusive Remedy.
The remedies provided by this Ordinance shall be in addition to any other remedies available in
equity or at law and such penalties as provided by law or ordinance.
Section 7. Repeal.
All ordinances or parts of Ordinances in conflict with this Ordinance are to the extent of such
conflict hereby repealed.
Section 8. Severability
If any section, subsection, clause, paragraph or provision of this ordinance is adjusted invalid by
a court of competent jurisdiction, such adjudication shall only apply to the said portion thereof
adjudicated invalid, and the full remaining portions or parts of this ordinance shall remaining
full force and effect.
Section 9. Effective Date.
This Ordinance shall become effective immediately upon adoption.
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Section 10. Fee Schedule
The fee schedule will update based on the F.E.M.A. Cost Recovery Schedule Revisions.
Hazardous Materials Cost Recovery Schedule
Description Cost Rate
Engine with personnel $160.00 per hour
Tanker with personnel $160.00 per hour
Heavy Rescue with personnel $160.00 per hour
Aerial Device with personnel $220.00 per hour
Support Vehicle (Service, Brush) with personnel $120.00 per hour
Ambulance $ 80.00 per hour
Emergency Management Vehicle with personnel $100.00 per hour
Materials Used Replacement cost + shipping costs
Equipment Damage Based on Repair Costs
Footnotes:
1) Ambulance is based on standby for emergency responders.
2) Rates based on 2015 FEMA reimbursement schedule rates.
3) Personnel rates based on $ 20.00 per hour per responder.
4) Minimum of 1 hour but billed in 15 minute increments after the first hour.
Duly adopted this 3rd day of April, 2017;p0,.••^z..,o
/to pi ,i
!' . •idonSo. '•:1, Chair an
�11� . os rnett County Boa • of Commissioners
/ �y ,
ATTEST: i. •I_, C4 'S... • Mt
Mar:a et Regina eeler, Clerk to the Board
liar : t County B.:rd of Commissioners
Harnett County Hazardous Materials Response Cost Recovery Ordinance
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HARNETT COUNTY JETPORT
TERMINAL BUILDING STUDY AND
PRIMARY AND SUPPLEMENTAL WIND CONES
CAPITAL PROJECT ORDINANCE
BE IT ORDAINED by the Board of Commissioners of Harnett County,North Carolina, sifting as the
governing board for Harnett County.
Section 1. The County of Harnett is interested in repair/replace the existing the primary
Wind Cone at the Harnett Regional Jetport and add a supplemental wind cone at
both ends of Runway 5-23. The County of Harnett will receive a 90% federally
funded grant under the State Block Grant Non-Primary Entitlement (NPE)
Program. Harnett County local match is a 10% contribution. The costs will be
reimbursed by North Carolina Department of Transportation, Division of
Aviation.
Section 2. The officers of this unit are hereby directed to proceed with the capital project within the
terms of the grant documents, loan documents, and the budget contained herein.
Section 3. The following amounts are hereby appropriated for this project:
Primary and Supplemental Wind Cones $ 27,460
Section 4. The following revenues are anticipated to be available to complete this project:
North Carolina Department of Transportation,
Division of Aviation Grant $ 24,714
Airport Capital Reserve $ 2,746
Total $ 27.460
Section 5. The Finance Officer is hereby directed to maintain within the Capital Project Fund
sufficient specific detailed accounting records to satisfy the requirements of the grantor
agency, the grant agreements, and federal regulations.
Section 6. Funds may be advanced from the General Fund for the purpose of making payments as
due. Reimbursement request should be made to the grantor in an orderly and timely
manner.
Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial status of
each project element in Section 3 and on the total grant revenues received or claimed.
Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and
revenues on this capital project in every budget submission made to this Board.
Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Govern_i_<<
Board,and to the Budget Officer and the Finance • 'icer for direction in carryin t=`If'U --sit,.
project.
Duly adopted this y70u'day of 111rc�, 2017. _,/ I'/% ! Am r' •� •`— *`
3 c ' f lIer, icCCn4irMq, r'�. ` 4
I �- Harnett County Boara of Commissio .- - 'v ;es'
ATTEST: A . LSI 4
Margaret Regi Wheeler,�I erk to the Board, Harnett County Board of Commissioners
HARNETT COUNTY JETPORT
TERMINAL BUILDING STUDY AND
PRIMARY AND SUPPLEMENTAL WIND CONES
CAPITAL PROJECT ORDINANCE
BE IT ORDAINED by the Board of Commissioners of Harnett County,North Carolina, sitting as the
governing board for Hamett County.
Section 1. The County of Harnett is interested in developing alternatives for upgrading or
replacing the existing Terminal Building at the Harnett Regional Jetport, which
was originally constructed in the early 1980s. The County of Harnett will receive
a 90% federally funded grant under the State Block Grant Non-Primary
Entitlement (NPE) Program. Harnett County local match is a 10% contribution.
The costs will be reimbursed by North Carolina Department of Transportation,
Division of Aviation.
Section 2. The officers of this unit are hereby directed to proceed with the capital project within the
terms of the grant documents, loan documents,and the budget contained herein.
Section 3. The following amounts are hereby appropriated for this project:
Terminal Building Preliminary Design $ 47,510
Section 4. The following revenues are anticipated to be available to complete this project:
North Carolina Department of Transportation,
Division of Aviation Grant $ 42,759
Airport Capital Reserve $ 4,751
Total $ 47.510
Section 5. The Finance Officer is hereby directed to maintain within the Capital Project Fund
sufficient specific detailed accounting records to satisfy the requirements of the grantor
agency,the grant agreements, and federal regulations.
Section 6. Funds may be advanced from the General Fund for the purpose of making payments as
due. Reimbursement request should be made to the grantor in an orderly and timely
manner.
Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial status of
each project element in Section 3 and on the total grant revenues received or claimed.
Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and
revenues on this capital project in every budget submission made to this Board.
Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Governing
Board, and to the Budget Officer and the Financ 'fficer for direction in carrying o -:.i=
project. ,QO;.b-..%
Duly adopted this .ave day of Atria, 2017. �/ .�' t-'
? Miller, ;ce Cho.;es" T t o *•;
�[ / ` Harnett County Board of CommissioS � s;4
. ig@`
ATTEST.
Margaret Regi Wheeler lerk to the Board, Harnett County Board of Commissioners