[Adopted 10-7-1998 by Ord. No. 351 as § 5-3-2 of
the 1998 Code]
As used in this article, the following terms shall have the
meanings indicated:
HAZARDOUS MATERIALS
Those materials that can cause death or disabling injury
from brief exposure, those materials that could cause a lost-time
injury from exposure, and those materials that could cause temporary
disability or injury without permanent effects which are used, researched,
produced or stored within or on premises, except those household consumer
products used at the point of consumption and not used for commercial
or experimental purposes. This definition of "hazardous materials"
shall include radioactive materials.
INFECTIOUS AGENT
A bacterial, mycoplasmal, fungal, parasitic or viral agent
known to cause illness in humans which is used, researched, produced
or stored within or on premises.
Any person who possesses or controls a hazardous material or
infectious agent which was discharged or caused the discharge of a
hazardous material or infectious agent shall reimburse the Village
for actual and necessary expenses incurred by the Village or its agent
to contain, remove or dispose of the hazardous substance or infectious
agent or take any other appropriate action which is deemed appropriate
under the circumstance.
[Adopted 10-7-1998 by Ord. No. 351 as § 5-3-3 of
the 1998 Code]
No person, firm or corporation shall discharge or cause to be
discharged, leaked, leached or spilled upon any public or private
street, alley, public or private property, or onto the ground, surface
waters, subsurface waters, or aquifers, within the Village of Randolph,
except those areas specifically licensed for waste disposal or landfill
activities and to receive such materials, any explosive, flammable
or combustible solid, liquid or gas, any radioactive material at or
above nuclear regulatory restriction levels, etiologic agents, or
any solid, liquid or gas creating a hazard, potential hazard, or public
nuisance or any solid, liquid or gas having a deleterious effect on
the environment.
Emergency services response includes, but is not limited to,
fire service, emergency medical service, and law enforcement. A person,
firm, or corporation who possesses or controls a hazardous substance
which is discharged or who causes the discharge of a hazardous substance
shall be responsible for reimbursement to the responding agencies
for actual and necessary expenses incurred in carrying out their duties
under this article. Actual and necessary expenses may include but
not be limited to replacement of equipment damaged by the hazardous
material; cleaning, decontamination and maintenance of the equipment
specific to the incident; specific laboratory expenses incurred in
the recognition and identification of hazardous substances in the
evaluation of response; decontamination; costs incurred in the procurement
and use of specialized equipment specific to the incident; and cleanup
and medical surveillance and incurred costs in future medical surveillance
of response personnel as required by the responding agency's medical
advisor.
Access to any site, public or private, where a prohibited discharge
is indicated or suspected will be provided to emergency government
officers and staff and to Village Police and Fire Department personnel
for the purpose of evaluating the threat to the public and monitoring
containment, cleanup and restoration activities.
Should any prohibited discharge occur that threatens the life,
safety or health of the public at, near, or around the site of a prohibited
discharge, and the situation be so critical that immediate steps must
be taken to protect life and limb, the Village President, his/her
assistant, or the senior Village police or fire official on the scene
of the emergency may order an evacuation of the area or take other
appropriate steps for a period of time until the Village Board can
take appropriate action.
The Fire Chief and his/her deputies, as well as the Village
police officers, shall have authority to issue citations or complaints
under this article.
Any person, firm or corporation in violation of this article
shall be liable to the Village for any expenses incurred by the Village
or loss or damage sustained by the Village of Randolph by reason of
such violation.