AN ORDINANCE ENACTING REGULATIONS, PROHIBITIONS, COST RECOVERY FOR EMERGENCY AND/OR NON-EMERGENCY SERVICES AND APPEALS PROVISIONS FOR HAZARDOUS MATERIAL INCIDENTS  

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BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

 

SECTION 1 – Definitions

The following terms are defined as follows:

 

City:       The City of Rich Hill, Missouri and/or any authorized representative of the City of Rich Hill.

 

Dangerous or Hazardous Substances or Materials:   Any substance that is spilled, leaked or otherwise released from its container, which, in the determination of the fire chief or his authorized representative, is dangerous or harmful to:

1. The environment;
2. Human or animal life, health or safety;
3. Is obnoxious by reason of odor; or
4. Constitutes a danger or threat to the public health, safety or welfare, and shall include, but is not limited to, such substances as chemicals and gases, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, flammables and corrosives.

 

Emergency Response Agency:   A unit of local government, volunteer organization or other support agency including licensed hazardous waste contractors that provide one or more of the following services:

1. firefighting services;
2. emergency medical services;
3. emergency medical treatment or transportation;
4. hazardous materials response teams;
5. emergency service, disaster response or civil defense services;
6. public works or maintenance;
7. police agencies (federal, state, local); or
8. remediation, mitigation or disposal of hazardous materials by waste contractors.

 

Facility:                  Any building, structure, installation, equipment, pipe or pipeline, including but not limited to, any pipe into a sewer or publicly owned treatment works, well, pond, lagoon, impoundment, ditch, landfill, storage container, tank, motor vehicle, truck trailer, rolling stock or aircraft.  Also, includes any site or area where hazardous material has been deposited, stored, disposed of, abandoned, placed or otherwise located.

 

Material Incident:  A situation involving an actual, suspected or possible hazardous material for which the Fire Department or other Emergency Response Agency must respond in order to ensure the safety of persons, animals, environment or property.

 

Mutual Aid:  Any action taken by the Fire Department or any public agency pursuant to an intergovernmental agreement.

 

Recoverable Expenses:  All actual costs or expenses incurred by the City, including but not limited to, each of the following:

1. Charges for each fire department vehicle, including but not limited to, pumpers, ladder trucks, tankers, rescue squads, brush units, command units and other vehicles including mutual aid companies. Hourly rates and fees for these charges can be found in Appendix (A) – An attached price guide provided by the Missouri Department of Public Safety, Division of Fire Safety to assist in determining an appropriate equipment usage cost rate.

 

1. Replacement cost for equipment that is contaminated or damaged beyond reuse or repair such as, but not limited to, turn-out gear or self-contained breathing apparatus.

 

1. All personnel-related expenses incurred by the City, including but not limited to, wages, salaries, fringe benefits, and insurance for full-time, part-time and paid per call personnel, overtime pay and related fringe benefit costs for hourly employees. These personnel-related expenses shall commence when the fire department begins responding to the incident and shall continue until all City personnel have concluded dealing with hazardous materials responsibilities relative to the incident.

 

1. Expenses of decontaminating and cleaning equipment.

 

1. Technical consulting services specifically required as a result of the incident, including but not limited to, technical experts or specialists not otherwise available to the City.

 

1. Laboratory costs of analyzing samples taken during the incident.

 

1. Costs of cleanup, storage or disposal of the released hazardous material.

 

1. Medical and hospital expenses incurred as a result of the incident.

 

1. Legal, engineering, accounting, billing, collection and other administrative expenses incurred as a result of the incident, including but not limited to, efforts to recover expenses pursuant to this Ordinance.

 

Release:  Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of a hazardous material into or on any land, air, water, well, stream, sewer or pipe so that the hazardous material or any other constituent thereof may enter the environment.

 

Remedial Action:  Any action taken instead of, or in addition to, permanent removal actions to prevent or minimize the release of hazardous materials, to migrate or prevent a substantial present or potential hazard to human or animal health, property or the environment.  Such actions include, but are not limited to, actions at the location:

 

1. Releasing the hazardous material from storage or confinement;
2. Perimeter protection using dikes, trenches, or ditches, clay cover, neutralization;
3. Cleanup of released hazardous materials or contaminated materials;
4. Recycling or reuse, diversion, destruction, segregation of leachate and runoff;
5. Onsite treatment or incineration;
6. Providing alternate water supplies; and/or
7. Any monitoring reasonably required to assure protection for the public health and welfare of persons, animals, property and the environment.

 

Response:  Any removal or remedial action to a materials incident or other incident.

 

Responsible Party or Person:  Any individual or entity that participated in, or whose actions or inactions were a proximate cause of an incident, and any individual or entity that is an owner, tenant, occupant or holder of any interest in real estate, buildings, equipment or other real or personal property onto or from which hazardous materials were released.

 

Vessel:  Any object used as a storage container.

SECTION 2 – Prohibited acts

No person shall cause, permit, allow or threaten the release of hazardous materials into the environment unless such release is in accordance with an appropriate permit granted by the Missouri Department of Natural Resources or Environmental Protection Agency or other state or federal agency having primary jurisdiction over the release and the release is in such place and manner that will not create a substantial present or potential hazard to human or animal health, property or the environment.

 

SECTION 3 – Response to prohibited acts

1. The Fire Chief or his authorized representative shall respond to any release, attempted release or threatened release of hazardous materials within the District of the Rich Hill Fire Department or affecting the water supply, wells or sewage treatment works located or servicing the City or pursuant to any lawful intergovernmental agreement of which the City is a party. This authority includes, but is not limited to, remedial action and removal.

 

2. The Fire Chief shall report any release, attempted release or threatened release of hazardous material to all appropriate federal, state and local public health, safety and emergency agencies within the 24 hours of any substantial release of hazardous materials.

 

3. The Fire Chief shall relinquish his response authority at such time, if any, as the federal, state or local public health, safety or emergency agency having primary jurisdiction over the release, attempted release or threatened release has assumed the responsibility for response to the incident.

 

4. During the time the response authority is vested in the Fire Chief, he shall utilize all available fire personnel and equipment and may, in his sole discretion, take such remedial or removal actions as he deems necessary or appropriate to respond to the incident.

 

5. All responding personnel shall cooperate with and operate under the direction of the Fire Chief or his authorized representative or other person then exercising response authority until such time as the responding authority determines the response is complete or responsibility for response is assumed by the federal, state or local public health, safety or emergency agency having primary jurisdiction over the release, attempted release or threatened release.

 

6. The Fire Chief shall coordinate and/or cooperate with federal, state or local public health, safety or emergency agencies involved in response to the release, attempted release or threatened release of hazardous materials.

 

SECTION 4 – Recovery of expenses

Any person who is liable for the release, attempted release or threatened release of a hazardous material or hazardous waste that fails without just or sufficient cause to pay for or provide removal or remedial action upon or in accordance with a notice and request of the City, or in accordance with any order of any court having jurisdiction on the matter, shall be liable to the City for any costs incurred by the City as a result of the failure to provide or take necessary removal or remedial action, together with the costs of any removal or remedial action taken by the City, including  all attorneys’ fees and related legal costs incurred in connection therewith.

 

SECTION 5 – Defense

There shall be no liability for a person otherwise liable who can establish by a preponderance of the evidence that the release or substantial threat of release of a hazardous material and the damages resulting therefrom were caused solely by:

1. An act of nature over which he or she had no control;
2. An act of war; or
3. Any combination of the foregoing.

 

 

SECTION 6 – Billing and Collection Procedures

1. Within, but no later than, 60 days after the conclusion of a hazardous materials incident, the Rich Hill Fire Department shall submit an itemized list of all known recoverable expenses to the City Clerk, who shall prepare and send an invoice via certified mail, return receipt requested to all responsible parties for payment.  The City invoice shall demand full payment within 30 days after receipt of invoice.  Any additional expenses that become known to the City after mailing the first invoice shall be billed in the same manner to the responsible parties.   The statement of costs shall include, but is not limited to the following:
2. An explanation of why the costs were necessary and reasonable;
3. An explanation of how the costs were not duplicative and did not include costs for normal services that otherwise would have been provided;
4. The reasons why contractual services, if any, were utilized in response to the emergency situation.

 

2. If payment is not received within 30 days, the City Clerk shall resubmit the detailed billing via certified mail, return receipt requested, along with a copy of this Ordinance and Missouri Revised Statute § 260.546.

 

3. The City may apply to the Department of Natural Resources for reimbursement from the hazardous waste fund for the costs that the responsible party shall be liable if the City and/or fire department is able to demonstrate a need for immediate relief and believes it will not receive prompt payment. However, the City shall reimburse the Department for any payment it receives from the hazardous waste fund.

 

SECTION 7 – Appeal Process

1. Any responsible party may appeal the amounts listed in an invoice not later than 30 days after the date the responsible party receives the first notice. The appeal shall be filed with the Director of the Natural Resources Department, with a copy of the appeal served on the City.

 

2. The Director shall notify all parties of the appeal; the City shall provide the Director with all evidence necessary to make a determination of reasonable cleanup costs. The burden of proof is on the City and/or the fire department to document and justify the costs of cleanup.

 

3. Within 60 days of notification of the appeal, the Director shall notify the parties of his or her decision. In this decision, the Director shall order the responsible party to pay those costs found to be reasonable and appropriate.

 

4. The determination of the Director shall become final 30 days after receipt of the notice of his or her determination unless one of the involved parties files a petition for judicial review pursuant to Missouri Revised Statute Chapter 536.[1]

 

 

 

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

 

This ordinance shall be in force and affect from and after its passage and approval as provided by law.

 

First reading on this the 26^th day of July 2016.

Second reading on this the 26^th day of July 2016.

 

PASSED THIS ­­­­­­­­­26th DAY OF ­­­­JULY 2016.

 

 

 

____________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

 

___________________________________

Brittany Schenker, City Clerk

 

Ayes:      Humble, Robb, Rich

Nays:

Pilcher was absent

[1] See Missouri Revised Statute §§ 260.500 to 260.550 (as amended through 2008).

BILL NO. 604                                    ORDINANCE NO. 1604

 

 

AN ORDINANCE PROHIBITING TAMPERING WITH WATER METERS/SERVICES

 

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF CITY OF RICH HILL, MISSOURI AS FOLLOWS:

 

 

Section 1 – Tampering with Water Services

 

No person without the consent of the City shall intentionally:

 

1. Convert to their use or the use of another any water service of the City or any portion of the water distributed by the City; or

 

2. Prevent such water or any portion thereof from passing through any meter provided for measuring the same;

 

3. Prevent a meter from registering correctly the water passing through it or aid in any manner the unlawful conversion to his use or the use of another any portion of the water that should pass through a meter but has been diverted or prevented from being correctly registered by a meter or that has been diverted from the water service of the City; or

 

4. Connect, disconnect or in any way molest or tamper with any water service or water meter in the City without submitting an application to the City Clerk and receiving approval from the City Superintendent.

 

5. It shall be unlawful for any person or persons, other than employees of the City to climb or attempt to climb the steel tower and water tank, located in East Park and belonging to the City, either by any cable, rope or ladder that may be attached thereto or by grasping any brace, column, pipe or other portion of the tower and/or tank.

 

 

Section 2 – Penalty provision; restitution and denial of services

 

1. Any person who commits an act set forth under Section 1, upon a plea or finding of guilt, may be assessed a fine not to exceed $500, sentenced to jail for a term not to exceed 90 days,  or a combination thereof.

 

2. Any person who pleads or is found guilty of committing an act set forth under Section 1 shall also be required to pay for water received during the period of time in question based on the average water usage for the previous three months at that residence. In the event that the usage from the previous three months is not available, usage shall be obtained by installation of a check meter for two weeks.

 

3. If the identity of the person who has molested a seal or meter or has tampered with the water service as described in Section 1 is not otherwise proven, the Consumer to whom the water service is being furnished through such meter shall be required to pay for the water received during the period of time in question as set forth in Paragraph 2 of this Section.

 

4. The City reserves the right to deny services to any individual who has been convicted of violating the provisions of this ordinance. Furthermore, the City may turn repeat offenders over to the Bates County Prosecuting Attorney for the possibility of charges to be pursued by the State of Missouri.

 

ALL ORDINANCES OR PARTS OF ORDINANCES OR POLICIES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED.

 

1^ST READING ON 24^TH DAY OF MAY 2016

2^ND READING ON 24^TH DAY OF MAY 2016

 

This Ordinance was read, passed, and approved this 24^TH day of May 2016.

 

Attest:

 

 

___________________________                   ______________________________

Jennifer Perkey-Ewing, Mayor                         Brittany Schenker, City Clerk

 

Ayes: Humble, Pilcher, Rich

Nays: None Northward seat vacant

 

 

 

 

 

BILL NO. 603

 

ORDINANCE NO. 1603

 

AN ORDINANCE REPEALING ORDINANCE 1348 THAT ESTABLISHES COMPENSATION FOR THE CITY MARSHALL

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BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

 

1. The individual who occupied the elected position of City Marshall submitted his resignation on or about January 1, 2016.

 

2. No person has been appointed to fill the remaining term of this position.

 

3. The office of City Marshall was eliminated by majority vote of the citizens of Rich Hill, Missouri, on April 6, 2016.

 

4. The ordinance establishing compensation for the City Marshall is no longer required.

 

The repeal Ordinance 1348 shall be in force and affect from and after its passage and approval of this Ordinance as provided by law.

 

First reading  26^th day of April 2016

 

Second reading 26^th day of April 2016

 

PASSED THIS 26th DAY OF APRIL 2016.

 

 

 

____________________________________

Jennifer Perkey-Ewing, Mayor

 

ATTEST:

 

 

___________________________________

Karin Simmons, Clerk

 

Ayes: Humble, Pilcher, Dahman, Rich                            Nays:

Bill No. 1602                                       Ordinance No. 602

AN ORDINANCE ENACTING THE POSITION OF PRESIDENT OF THE BOARD OF ALDERMEN AND SETTING FORTH THE TERM AND DUTIES OF THE PRESIDENT OF THE BOARD IN THE ABSENCE OF THE MAYOR

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PRESIDENT OF THE BOARD OF ALDERMEN

1. The Board of Aldermen shall elect one of their own members who shall hold the position of President of the Board of Aldermen.
2. The President of the Board of Aldermen shall serve for a term of one year.
3. When a vacancy occurs in the office of Mayor by death, resignation, removal from the city, removal from the office, refusal to qualify or from any other cause whatever, the President of the Board of Aldermen shall perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy is filled or such disability is removed; or in case of a temporary absence, until the Mayor’s return.

This ordinance shall be in force and effect from and after its passage and approval as provided by law.

First reading: 26th Day of April 2016

Second reading: 26th Day of April 2016

 

PASSED THIS 26th DAY OF April 2016.

 

____________________________________

Jennifer Perkey-Ewing, Mayor

ATTEST:

___________________________________

Karin Simmons, Clerk

 

Ayes:   Humble, Pilcher, Dahman, Rich                                             Nays:

AN ORDINANCE PROHIBITING THE TAMPERING OF ELECTRIC METERS

Section 1 – Tampering with Electric Meters

1. No person, without the consent of the City, shall intentionally:
2. convert to his or her use or the use of another person from any wire or conductor of the City any portion of the electric current or electricity distributed by the City, or
3. prevent such current, or any portion thereof, from passing through any meter provided for measuring the same, or
4. prevent such meter from registering correctly the current passing through the city-provided meter, or
5. aid in any manner the conversion to his or her use or the use of another:
6. any portion of electric current that should pass through a meter, but has been diverted therefrom, or
7. prevent electric current from being correctly registered by a meter provided therefore, or

iii.        divert electric current from the wires or conductors of the City.

 

2. The presence at any time on or about the meters, wires or conductors of any device whatsoever that affects the diversion of electric current without the electric current being measured or registered by the City shall constitute evidence of
3. knowledge on the part of the person, who as owner or lessee or otherwise at the time has the use, custody or control of the room or building where such device exists, of the existence and effect of such device, and
4. the intention on the part of such person to tamper with, defraud or steal electricity.

 

3. The City may install a check meter at the customer’s site, and in the event the check meter registers more current than is registered by the meter installed at the customer’s site, such condition shall constitute evidence that unregistered current has been wrongfully diverted by the customer, and shall further constitute evidence of the intention on the part of such customer to tamper with, defraud and/or steal electricity.

 

Section 2 – Penalty provision; restitution and denial of services

1. Any person who connects or disconnects or in any way molests or tampers with any electric wire or electric meter in the City without submitting an application to the City Clerk and receiving approval from the City Superintendent, upon a finding of guilty is subject to a fine not to exceed $500.00 or by imprisonment in jail for a term not to exceed 90 days or a combination of fine and imprisonment.

 

2. Restitution:
3. A person found to be guilty of tampering, fraud or theft of electricity shall also pay for electric service received during the period of time in question based on the average electric usage for the previous three months at that site. In the event that the usage from the previous three months is not available, usage shall be obtained by installation of a check meter for two weeks.
4. If the identity of the person who has tampered with a seal, a meter or a wire is not otherwise proven or known, then the person who received the electric service shall pay for electric service received during the period of time in question based on the average electric usage for the previous three months at that site. In the event that the usage from the previous three months is not available, usage shall be obtained by installation of a check meter for two weeks.

 

3. Denial of services:

The City reserves the right to deny services to any individual who has been convicted of violating the provisions of this ordinance.  Furthermore, the City shall turn repeat offenders over to the Bates County Prosecuting Attorney for the possibility of charges with the State of Missouri.

 

 

 

First read on this the 8^th day of February 2016.

Second reading on this the 8^th day of February 2016.

 

READ TWO TIMES AND PASSED THIS 8^th  DAY OF FEBRUARY 2005.

 

_____________________________

Jennifer Perkey-Ewing, Mayor

 

ATTEST:

 

_____________________________

Racheal Epperson, City Clerk

 

Ayes: Kassner, Pilcher, Dahman

Nays: None

Bill No. ___533_____                     Ordinance _______1533___________

 

AN ORDINANCE PROVIDING FOR THE HOLDING OF AN ELECTION WITHIN AND FOR THE CITY OF RICH HILL, MISSOURI ON THE QUESTION OF THE ELIMINATION OF THE ELECTED POSITION OF CITY MARSHAL AND INSTEAD PROVIDE FOR THE APPOINTMENT OF A POLICE CHIEF AND SETTING THE TIME AT WHICH THE ORDINANCE SHALL BECOME EFFECTIVE.

Be it ordained by the Board of Aldermen of the City of Rich Hill as follows:

WHEREAS, Section 79.050 of the Missouri Revised Statutes provides that the Board of Aldermen may provide by ordinance, after approval of a majority of the voters voting at an election at which the issue is submitted, for the appointment of a Chief of Police rather than an elected Marshal; and

WHEREAS, the Board deems it advisable and in the best interests of the citizens of the City of Rich Hill to appoint a Chief of Police rather than elect a Marshal;

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL AS FOLLOWS:

Section 1.  That an election shall be and the same is hereby called and ordered to be held in the City of Rich Hill, Missouri, on the  _5_ day of April 2016, for the purpose of submitting to the qualified electors of the City the following proposition:

Proposition No. 1

Shall the Board of Aldermen of the City of Rich Hill, Missouri provide by ordinance for the appointment of a Chief of Police instead of an elected Marshal as provided for by Section 79.050 of the Missouri Revised Statutes?

Section 2:  That the Election Authority of the County of Bates, Missouri, (hereinafter the Election Authority) shall conduct the election.  Not later than 5:00 p.m. on the tenth Tuesday prior to the election, the City Clerk of the City is hereby directed to notify the Election Authority of the election.  The notice shall be in writing and shall specify that the City is calling the election for the purpose of the election, the date of the election, and it shall include a certified copy of the legal notice to be published and the sample ballot, the form of which is attached hereto.

Section 3.  That notice of the election shall be given by the Election Authority by causing legal notice thereof to be published in the manner required by applicable law (Chapter 115.127, Revised Statutes of Missouri, as amended).  The legal notice of the election shall include the purpose, date and time of the election, the name of the officer or agency calling the election, a sample ballot and the location of the polling place or places.

 

Section 4.  The Election will be held at the polling places in the City designated by the Election Authority pursuant to Section 115.115 of the Missouri Revised Statutes.

Section 5.  The election shall be held and conducted and the results thereof shall be canvassed in all respects in conformity with the Constitution and the laws of the State of Missouri.  The judges of the election shall be selected and appointed by the Election Authority in accordance with applicable law.  The returns of the election shall be certified to the City by the County Clerk Election Authority.  The City Clerk and the Election Authority are hereby authorized to take all action necessary or appropriate such that the election shall be conducted in full compliance with the requirements of applicable law and particularly, Chapter 115 of the Missouri Revised Statutes, as amended.

Section 6.  This ordinance shall be in full force and effect from and after its passage and approval.

 

Passed this_12^th,  day of January 2016.

Approved this _12^th,  day of January 2016.

 

_____________________________________

Mayor Jennifer Perkey Ewing

 

 

ATTEST:

 

 

 

_____________________________________

Racheal Epperson, City Clerk

 

 

Ayes: Kassner,Pilcher,Dahman

 

Nays:none

 

 

Notice of Election:

Notice is hereby given that an election will be held in the City of Rich Hill, Missouri on Tuesday, the ___5^th, day of April 2016 for the purpose of submitting to the qualified electors of the City of Rich Hill, Missouri the following proposition:

 

 

Proposition No. 1

Shall the Board of Aldermen of the City of Rich Hill, Missouri provide by ordinance for the appointment of a Chief of Police instead of an elected Marshal as provided for by Section 79.050 of the Missouri Revised Statutes?

YES  _____                                                          NO  ______