Consider and take action on Ordinance No. 2022-004, by adding a new Section: 96.03 Hazardous Materials Response Cost Recovery to Chapter 96 “Fire Prevention and Protection: Fireworks” to authorize the assessment of fees to recover the costs actually incurred by the City in responding to hazardous materials incidents. The purpose of which is to better protect the public health, safety and welfare and protect and preserve public funds and tax dollars and are to be levied solely for the purpose of defraying the costs of the hazardous materials response for which the fees are assessed.
 

One of the central elements of the Federal Comprehensive Environmental Response, and Liability Act’s (CERCLA or Superfund) enforcement plan is the “Authority to permit government and private entities to recover their response costs.”
 
Texas City Fire Department has for several years trained and certified personnel to the Hazardous Materials Technician Level and has invoiced Responsible Party’s for services rendered regarding the mitigation of hazardous materials incidents based on the language within CERCLA.
 
Often these incidents require assistance from the police department, public works, emergency management and the costs incurred can be quite expensive.
 
Additionally, we are subject to mutual aid responses involving hazardous materials mitigation. We believe it is important that we secure the Commission’s approval via this Ordinance for these fee assessments as well as defining when the fees are applicable.