[HISTORY: Adopted by the Village Council of the Village of Cassopolis 7-11-1994 by Ord. No. 185; amended 6-11-2007 by Ord. No. 185-A (Ch. 14, Art. I, of the 2003 Code of Ordinances). Amendments noted where applicable.]
Solid waste — See Ch. 314.
The Village Council of the Village of Cassopolis finds that the surface waters, groundwaters, soils, and atmosphere within the Village of Cassopolis are susceptible to damage from the handling, storage, use, processing, and disposal of hazardous materials; and that the expenses incurred by Village taxpayers, as a result of the Village of Cassopolis having to clean up the surface waters, ground waters, soils, and atmosphere that have been damaged by the handling of hazardous materials, should be recovered from the individuals, firms, and corporations responsible for the damage. The use, handling, storage, disposal, or discharge of any hazardous material, as herein defined, in such a manner as to cause degradation of the surface waters, groundwaters, soils and atmosphere of the Village of Cassopolis, is hereby declared unlawful and a public nuisance.
As used herein, the following definitions shall apply:
- HAZARDOUS MATERIALS
- Includes but is not be limited to such substances as explosives, radioactive materials, petroleum, or petroleum products, gases, poisons, etiological (biological) agents, flammables, corrosives, and any substance or material classified or defined as a hazardous material by the Environmental Protection Agency and all rules promulgated thereunder.
All persons, firms, and corporations who have damaged the surface waters, groundwaters, soils, or atmosphere within the corporate boundaries of the Village of Cassopolis by the handling, storage, disposal, or discharge of hazardous materials, are required to immediately notify the Village of Cassopolis, as represented by its Village Manager, Fire Chief, Police Chief or Superintendent of Public Works.
The Village Manager or his designee is authorized to evaluate, clean up, or abate any damage to the surface waters, groundwaters, soils, or atmosphere within the Village of Cassopolis caused by the handling or storage of hazardous materials. The cost of any testing ordered by the EPA (Environmental Protection Agency), DEQ (Department of Environmental Quality) or the DNR (Department of Natural Resources), where there is a cost to the Village of Cassopolis, shall be borne by said responsible person, firm or corporation. Any person, firm, or corporation that has caused such damage shall be liable for the payment of all reasonable costs incurred by the Village of Cassopolis as a result of, or attributable to, such evaluation, cleanup, or abatement activity(ies).
For the purpose of this chapter, costs incurred by the Village of Cassopolis shall include, but shall not be limited to if so defined by the Village Council, Village Manager, or his designee, the following:
Actual labor cost of Village personnel, including worker's compensation benefits, fringe benefits, administrative overhead, costs of equipment operation, costs of materials obtained directly by the Village, consulting fees, engineering fees, and any other costs reasonably incurred as a result of any violation of this chapter.
Actual costs of proper disposal of all hazardous materials deposited or created within the Village of Cassopolis if found liable under the provisions of this chapter.
In addition to any other remedy available at law or equity, to recover such costs or abate such nuisance, the Village of Cassopolis may specially assess such costs against any premises benefiting from such cleanup or abatement.