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:
COSTS
All expenses incurred by the Village or any other public
agency assisting the Village as a result of any removal or remedial
action.
FACILITY
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.
HAZARDOUS MATERIALS
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.
MUTUAL AID
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).
PERSON
Any individual, business, firm, partnership, corporation,
association, trust, estate, joint venture or other legal entity, or
their legal representative, agent or assign.
RELEASE
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.
REMEDIAL ACTION
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.
REMOVAL
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.
RESPONSE
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.
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.