Chapter 8.62
HAZARDOUS SUBSTANCE OR MATERIAL INCIDENT REIMBURSEMENT
Sections:
8.62.070 Penalty for violations.
8.62.010 Purpose.
The purpose of this chapter of the village code is to provide a mechanism for the reimbursement of the cost of personnel, equipment, and supplies used by the village or any other public agency assisting the village for hazardous substance or material response. (Ord. 99-07, 1999)
8.62.020 Definitions.
As used in this chapter, unless the context requires otherwise, the following definitions shall apply:
A. “Costs” means all expenses incurred by the village or any other public agency assisting the village as a result of any mitigation, removal or remedial action associated with a hazardous substance or material incident.
B. “Facility” means 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, any site or area where a hazardous material has been deposited, stored, disposed of, or otherwise managed.
C. “Hazardous materials or substances” means any material, substance or mixture of materials or substances which are toxic, flammable, corrosive, explosive, carcinogenic, or radioactive, including but not limited to any substance or material which is designated a hazardous material pursuant to the Hazardous Materials Transportation Act (49 U.S.C.A., Sections 1801, et seq.) in a quantity and form which may pose a substantial present or potential hazard to human health, property, or the environment when improperly released, treated, stored, transported, disposed of or otherwise managed.
D. “Emergency response agency” means a unit of local government, a volunteer organization, or other support agency that provide one or more of the following services:
1. Firefighting;
2. Emergency rescue;
3. Emergency medical treatment or transportation;
4. Hazardous materials response;
5. Emergency service and disaster response;
6. Public works or maintenance;
7. Police.
E. “Materials incident” means a situation involving an actual, suspected, or possible hazardous material for which the village or other public agency must respond in order to ensure the safety of personnel or property.
F. “Mutual aid” means any action taken by the village or any public agency pursuant to an intergovernmental agreement, including but not limited to any agreement that is part of the Mutual Aid Box Alarm System (MABAS).
G. “Responsible party” means any person, company, firm, corporation, business, partnership, an unincorporated association, association, estate, trust, joint venture, or legal entity, or their legal representative, agent or assign. Also any unit of federal, state, or local government.
H. “Release” means any spilling, leaking, pumping, pouring, emitting, escaping, discharging, injecting, leaching, dumping, or disposing of a hazardous material into or on any land, air, water, well, stream, sewer, or pipe so that such hazardous material or any constitute thereof may enter the environment.
I. “Remedial action” means any action consistent with a permanent remedy taken instead of, or in addition to, removal actions in the event of a release or threatened release of a hazardous material into the environment. Remedial action includes steps taken to prevent or minimize the release of a hazardous material so that the hazardous material does not migrate to cause a substantial present or potential hazard to human health, property, or the environment. Remedial action also includes, but is not limited to, actions taken at the locations of release such as storage, confinement, perimeter protection using dikes, trenches, or ditches, clay cover, neutralization, cleanup of released hazardous materials or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternate waste supplies, and any monitoring reasonably required to assure that such actions protect the public health and welfare of the environment.
J. “Removal” means the cleanup or removal of released hazardous materials from the environment, including such actions as may be necessary or appropriate to monitor, assess, and evaluate the release or threat of release of hazardous materials, the disposal of removed material, or the taking of such action as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare of the environment.
K. “Response” means any removal or remedial action. (Ord. 99-07, 1999)
8.62.030 Prohibited acts.
No person shall cause, threaten or allow the release of hazardous materials into the environment unless such release is per an appropriate permit granted by the Illinois Environmental Protection Agency or other state or federal agency having primary jurisdiction over the release. The release must be in a place and conducted in a manner that will not create a substantial present or potential hazard to human health, property or the environment. (Ord. 99-07, 1999)
8.62.040 Response authority.
A. The fire chief, or his designee, has the authority to respond to any release or threatened release of hazardous materials within the village or affecting the public water supply, wells, or sewage treatment works located within the village or pursuant to any lawful intergovernmental agreement for which the village is a party. This authority includes, but is not limited to, remedial action and removal.
B. The fire chief, or his designee, shall ensure the reporting of any release or threatened release of hazardous materials to appropriate federal, state, and local public health, safety and emergency agencies within twenty-five hours of any substantial release of hazardous materials. The fire chief shall relinquish response authority at such time, if any, as federal, state, or local public health, safety or emergency agency having primary jurisdiction over the release or threatened release has assumed responsibility for response to the release or threatened release.
C. The fire chief or designee is authorized to take such remedial or removal action as may be appropriate to respond to the release of hazardous material.
D. All responding personnel shall cooperate with and operate under the direction of the fire chief or other person then exercising response authority under this chapter until such time as the person exercising such response authority has determined that the response is complete or responsibility for response is assumed by another agency having primary jurisdiction over the release or threatened release. (Ord. 99-07, 1999)
8.62.050 Liability for costs.
Notwithstanding any other provision or rule of law, and subject only to the defenses in this chapter, the following persons shall be jointly and severally liable for all costs of removal and remedial action incurred by the village as a result of a release or threatened release of a hazardous material:
A. The owner and operator of a facility, vehicle, or vessel from which there was a release or substantial threat of release of a hazardous material.
B. Any person who, at the time of disposal, transport, storage or treatment of a hazardous material, owned or operated the facility, vehicle, or vessel used for such disposal, transport, treatment or storage from which there was a release or substantial threat of a release of such hazardous material.
C. Any person who by contract, agreement, or otherwise has arranged with another party or entity for transport, storage, disposal or treatment of hazardous materials owned, controlled or possessed by such person at a facility owned or operated by another party or entity from which facility there is a release or substantial threat of a release of such hazardous materials.
D. Any person who accepts or accepted any hazardous materials for transport to disposal, storage or treatment facilities from which there is a release or substantial threat of a release of a hazardous substances. (Ord. 99-07, 1999)
8.62.060 Defense.
There will be no liability under this chapter 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 resulting damages occurred per any of the permitted defenses enumerated in 415 ILCS 5/22.2. (Ord. 99-07, 1999)
8.62.070 Penalty for violations.
A. Any person who is liable for the release or threatened release of a hazardous material who fails without sufficient cause to pay for or provide removal or remedial action upon or per a notice and request of the village, or per any order of any court having jurisdiction of the matter, shall be liable to the village for any costs incurred by the village as a result of such failure to provide or take such removal or remedial action, together with the cost of any removal or remedial action taken by the village per this chapter, and all associated attorneys’ fees and related legal costs.
B. In addition, any such person shall be guilty of a violation of this chapter and shall be fined not less than one hundred dollars nor more than seven hundred dollars for each offense. A separate offense shall be deemed committed for each day on which a violation occurs or continues.
C. Charges for removal or remedial action when rendered by the village or any other responding agency rendering mutual aid or assistance to the village shall include but not be limited to:
1. The reasonable cost of each vehicle responding as determined by the responding agency;
2. The cost of all personnel including any overtime costs to the village or to any responding agency, incurred as a result of the removal or remedial action; and
3. The cost of all materials and equipment used, expended, depleted, destroyed or removed from service per federal, state or local ordinance as a result of the mitigation or containment operations of or at the request of the village or any responding agency. (Ord. 99-07, 1999)