Chapter 8.100
SOLID WASTE NUISANCE
Sections:
8.100.020 Solid waste nuisance.
8.100.040 Violations – Enforcement.
8.100.050 Change in zoning classification.
8.100.080 Retroactive application.
8.100.010 Application.
This chapter shall apply to property located within the boundaries of the village of Riverdale now existing or hereafter incorporated. (Ord. 2005-07, 2005)
8.100.020 Solid waste nuisance.
Any person, including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility, who has contributed or who is contributing to the past or present handling, storage, treatment, transportation or disposal of any solid waste which may present an imminent and substantial endangerment to health or the environment in the village of Riverdale, commits the offense of solid waste nuisance. (Ord. 2005-07, 2005)
8.100.030 Definitions.
As used in this chapter, unless the context otherwise required:
“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
“Imminent and substantial endangerment to health or the environment” shall be given that construction which obtains under Section 7003 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6973. Provided, however, that an “imminent and substantial endangerment to health or the environment” is presumed to exist, subject to rebuttal, if one or more regulated substances is present:
1. In soil at residential property at concentrations exceeding Tier 1 remediation objectives for residential property as set forth in the Risk Based Cleanup Objectives, Tiered Approach to Corrective Action Objectives, 35 Ill. Admin. Code 742, Appendix B, Table A, “Tier 1 Soil Remediation Objectives for Residential Properties”; or
2. In soil at industrial/commercial property at concentrations exceeding Tier 1 remediation objectives for industrial/commercial properties as set forth in the Risk Based Cleanup Objectives, Tiered Approach to Corrective Action Objectives, 35 Ill. Admin. Code 742, Appendix B, Table B, “Tier 1 Soil Remediation Objectives for Industrial/Commercial Properties.”
“Industrial/commercial property” means property located within the village of Riverdale having a zoning classification of B-1, B-2, B-3, B-4, I-1 and I-2 under the Riverdale zoning ordinance.
“Person” means an individual, trust, firm, joint stock company, corporation (including a government corporation), limited liability company, partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body and shall include each department, agency and instrumentality of the United States.
“Regulated substance” means any hazardous substance as defined under Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and petroleum products including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
“Residential property” means property located within the village of Riverdale having a zoning classification of CR, R-1, R-2, R-3 and R-4 under the Riverdale zoning ordinance.
“Solid waste” means any garbage, refuse, sludge, and any other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, institutional, mining, and agricultural operations, and from community activities.
“Solid waste nuisance” shall have the meaning ascribed to that term by RMC 8.100.020.
“Storage” means the containment of solid waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal.
“Treatment” means any method, technique or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any solid waste so as to neutralize it or render it nonhazardous, safer to transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of solid waste. (Ord. 2005-07, 2005)
8.100.040 Violations – Enforcement.
A. Liability. Liability under this chapter shall be construed to be the standard of liability which obtains under Section 7002(a)(1)(B) of the Federal Resource Conservation and Recovery Act, 42 U.S.C. 6972(a)(1)(B) and not the standard of liability prescribed in Section 58.9 of the Illinois Environmental Protection Act, 415 ILCS 5/58.9, nor in regulations promulgated by the Illinois Pollution Control Board pursuant to that section of the Illinois Environmental Protection Act.
B. Pre-enforcement Notice. Not less than thirty days prior to commencing an action against a person alleged to have violated RMC 8.100.020, the village shall serve upon that person, either in person or by certified mail, return receipt requested, a written notice informing that person of the violation, the nature and location of the alleged solid waste nuisance, and the village’s intention to commence an action.
C. Enforcement. Upon expiration of the notice period in subsection B of this section, the village may bring suit against any person served with such notice under subsection B of this section in any court of competent jurisdiction to restrain conduct that violates RMC 8.100.020, to compel abatement of a solid waste nuisance, or to take such other action as may be necessary, including the recovery of any applicable penalties and costs.
D. Village Costs of Enforcement. If the court finds that a defendant is a person liable under RMC 8.100.020, then the court may award the village costs of litigation (including reasonable attorney and expert witness fees and costs). This allowance shall be part of the costs of the litigation assessed against the defendant, and may be recovered as such. (Ord. 2005-07, 2005)
8.100.050 Change in zoning classification.
Absent a written and authorized agreement with the village to the contrary, the remediation objectives set forth in RMC 8.100.030 shall be governed by the existing zoning classification of the subject property. (Ord. 2005-07, 2005)
8.100.060 Penalty.
Any person who has been provided notice called for in RMC 8.100.040(B), and who, more than thirty days thereafter, continues to commit the offense of solid waste nuisance, shall, upon conviction, be punishable by a fine of not less than two hundred-fifty dollars nor more than seven hundred-fifty dollars for each day such violation continues beyond the thirty-day period. (Ord. 2005-07, 2005)
8.100.070 Existing remedies.
This chapter does not abrogate or waive any statutory or common law cause of action, administrative remedy, or defense otherwise available to the village and existing before the effective date of this chapter. (Ord. 2005-07, 2005)
8.100.080 Retroactive application.
Actions performed prior to the effective date of this chapter may render a person liable under RMC 8.100.020. (Ord. 2005-07, 2005)