There is hereby required a reimbursement charge for services
rendered and for payment to replenish necessary supplies and equipment
used while providing emergency services. This article supersedes any
and all previous ordinances which may conflict with the provision
herein contained.
As used in this article, the following terms shall have the
following meanings:
All expenses incurred by the Village or any other public
agency assisting the Village as a result of any removal or remedial
action.
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, abandoned, placed, or otherwise
come to be located.
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. § 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.
Any action taken by the Village or any other 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).
Any individual, business, firm, partnership, corporation,
association, trust, estate, joint venture or other legal entity, or
their legal representative, agent or assign.
Any spilling, leaking, pumping, pouring, emitting, escaping,
emptying, 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 constituent thereof
may enter the environment.
Any action consistent with 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, to
prevent or minimize the release of hazardous materials so that they
do not migrate to cause a substantial present or potential hazard
to human health, property or the environment. The term includes, but
is not limited to, such actions at the location of the release 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 water supplies,
and any monitoring reasonably required to assure that such actions
protect the public health and welfare and the environment.
The cleanup or removal of released hazardous materials from
the environment, 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. The term
includes, but is not limited to, security fencing, provision of alternative
water supplies, and temporary evacuation of threatened individuals.
Any removal or remedial action.
No person shall cause, threaten or allow the release of hazardous
materials into the environment unless such release is in accordance
with an appropriate permit granted by the Illinois Environmental Protection
Agency or other state or federal agency having primary jurisdiction
over the release and such release is in such place and manner as will
not create a substantial present or potential hazard to human health,
property or the environment.
(A)
The Fire Chief or his or her authorized representative shall have
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 of which the Village is
a party. This authority includes, but is not limited to, remedial
action and removal.
(B)
The Fire Chief shall have primary authority to respond to any release
or threatened release of hazardous materials as described above. The
Fire Chief shall report any release or threatened release of hazardous
materials to all appropriate federal, state and local public health,
safety and emergency agencies within 24 hours of any substantial release
of hazardous materials. The Fire Chief shall relinquish his or her
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 or threatened release has assumed responsibility
for response to the release or threatened release.
(C)
The Fire Chief, during such time as response authority is vested
in him, shall be authorized to utilize all Village personnel and equipment,
and he or she may, in his or her sole discretion, take such remedial
or removal action as he or she may deem necessary or appropriate to
respond to the release or threatened 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 article until such time as the person exercising
such response authority has determined that 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 or threatened release.
(E)
The person exercising response authority under this article shall
coordinate and/or cooperate with other federal, state or local public
health, safety or emergency agencies involved in response to the release
or threatened release of hazardous materials.
Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in Section 5-5-6 of this Code, 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 or vessel from which there is
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 or vessel
used for such disposal, transport, treatment or storage from which
there was a release or substantial threat of a release of any 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 a substantial threat of release of such hazardous substances.
There shall be no liability under this article 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 was caused by an act of God or
an act of war, or any combination of these two.
(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 in accordance with a
notice and request of the Village, or in accordance with any order
of any court or administrative body having jurisdiction on 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 in accordance with this article, and all attorney fees
and related legal costs incurred in connection therewith.
(B)
In addition, any such person shall be guilty of a violation of this
article and shall be fined for each offense in an amount set forth
in the Annual Fee Resolution.[1] A separate offense shall be deemed committed for each day on which a violation occurs or continues. Where such violation is found to be the result of willful and/or wanton conduct or gross negligence, or the person committing such violation attempts to evade responsibility hereunder by leaving the scene of the occurrence or by other means, that person shall be subject to a fine as provided for above or a fine in an amount equal to three times the costs, including attorney fees and legal costs, for which it is liable under Section 5-5-7(A) of this Code, whichever is greater.
(C)
Charges for removal or remedial action, when rendered by the Village
or any other agency rendering mutual aid, shall be as follows:
(2)
The cost of all personnel including any regular or 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 in accordance with federal, State
or local ordinance as a result of the mitigation or containment operations
of the Village or at the request of the Village or any responding
agency; and
(4)
The cost of services and/or goods provided by any private or
public entity which are used, expired, depleted, destroyed as a result
of the response at the request of the Village or any responding agency.
(D)
The Village Board may, in its discretion, waive the costs and/or
fees due under this article in whole or in part.
