[Adopted by the Village Board of the Village of Fox Crossing 7-13-2020 by Ord. No. 200713-1.[1] Amendments noted where applicable.
[1]
Editor's Note: This chapter derives from § 5.06
of the former Municipal Code, amended 12-19-2005 and 7-10-2017 by
Ord. No. 170626-1.
The provisions of this chapter set forth the
responsibilities of the Fire Department as they relate to its response
to hazardous materials incidents and the public's responsibility to
prevent such an incident.
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, 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.
Any person, firm, or corporation in violation of § 228-2 shall, upon direction of any Fire Department officer, begin or shall contract to have the substance immediately contained, cleaned and removed to an approved depository and restore the site to its original condition, with the offending person, firm or corporation being responsible for all expenses incurred. Should any person, firm, or corporation fail to engage the necessary personnel and equipment to comply or to complete the requirements of this section, the local and/or county office of emergency management may order the required actions to be taken by public or private sources, and allow the recovery of any and all costs incurred by the Village of Fox Crossing as action imposed by § 228-4.
Emergency services response includes, but is
not limited to, fire service, emergency medical services, 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 the reimbursement
to the responding agencies for the actual and necessary expenses incurred
in carrying out their duties under this chapter. 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; costs incurred in the procurement
and use of specialized equipment specific to the incident; specific
laboratory expenses incurred in the recognition and identification
of hazardous substances in the evaluation of response, decontamination,
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 Fire Department officers and staff, and to the Village of Fox Crossing
Police Department personnel for the purpose of evaluating the threat
to the public and monitoring containment, cleanup, and restoration
activities.
Should any prohibited discharge occur which
threatens the life, safety or health of the public at, near or around
the site of a prohibited discharge, and the situation is so critical
that immediate steps must be taken to protect life and limb, the Fire
Chief, fire officers or the senior police official on the scene of
the emergency may order an evacuation of the area or take appropriate
steps for a period of time until the situation is deemed safe by the
public safety officials in charge of the incident.
The Fire Chief, Fire Marshal, or any Fire Department
officer, as well as the Fox Crossing police officers, shall have the
authority to issue citations or complaints under this chapter.
Any person, firm, or corporation in violation
of this chapter shall be liable to the Village of Fox Crossing for
any expenses incurred by the Village or loss or damage sustained by
the Village by reason of such violations.
