[HISTORY: Adopted by the City Council of the City of Crystal Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-20-2007 by Ord. No. 6161]
As used in this article, the following terms shall have the following meanings:
- 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, rotting 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
- As defined by the United States Department of Transportation, including but not limited to any material, substance or mixture of materials or substances which are toxic, flammable, corrosive, explosive, carcinogenic or radioactive.
- 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.
- REMEDIAL ACTION
- Any action which is consistent with any permanent remedy and which is 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 or special rescue services.
- RESPONSIBLE PERSON
- Any person who is deemed by the City of Crystal Lake to have caused or contributed to causing the incident or circumstances giving rise to the necessity of emergency response or such person who is responsible as defined or established by any statute or regulation of the State of Illinois or of the United States of America.
- SPECIAL RESCUE SERVICE(S)
- Services in high-angle rescue, trench rescue, confined space rescue, and other rescue services as defined by the City of Crystal Lake Fire Rescue Department.
- SPECIAL RESCUE INCIDENT(S)
- Those incidents arising where vehicles or personnel of the Crystal Lake Fire Rescue Department provide special rescue services for the purposes of providing rescue services or support.
The Fire Chief or his/her designee shall have authority to respond to any incident requiring special rescue services, or release or threatened release of hazardous materials, within the City or boundaries of any municipal city, village or district to which the City provides fire rescue services, or affecting the public water supply, wells or sewage treatment works located within the City. This authority includes, but is not limited to, remedial action and removal or any special rescue services.
The Fire Chief or designee, during such time as response authority is given to him/her, shall be authorized to utilize all City personnel and equipment, and the Fire Chief or designee may in his/her sole discretion, order any special rescue service or take such remedial or removal action as he/she may deem necessary or appropriate to respond to the incident or release or threatened release of hazardous material.
All City personnel shall cooperate with and operate under the direction of the Fire Chief or designee or 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 or special rescue incident.
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 or special rescue incident.
[Amended 4-21-2015 by Ord. No. 7121]
Notwithstanding any other provision or rule of law, the City of Crystal Lake Fire Rescue Department shall charge the responsible party for hazardous materials removal or remediation and special rescue incident responses, to the extent that such charges exceed the sum of $50 as follows:
For each fire or ambulance vehicle responding to the scene: $250 per hour, per vehicle, for each hour that the presence of such vehicle was deemed necessary by the officer in charge of each response, with the time computed from dispatch to return to the station; and
For each fire fighter responding to the scene: $70 per hour per fire fighter, for each hour that the presence of such fire fighter was deemed necessary by the officer in charge of each response, with the time computed from dispatch to return to the station;
For expended materials other than fuel of vehicles: the actual costs incurred by the City of Crystal Lake for such materials or, if a portion of a unit of material is used, the cost to replace the unit of material; and
For damaged or destroyed vehicles, portable equipment, or personal fire protection clothing or gear: includes the actual costs to repair such item, or if deemed unsafe or not feasible to repair such item, then for the full current cost of replacement of such item. Also, this shall include personal fire protection contaminated by any hazardous material or substance if deemed unsafe for further use in fire-fighting or rescue operations.
With respect to emergency service responses, other than hazardous material removal and special incident rescue responses, involving persons, businesses, or other entities who or which are not residents of the City or the Crystal Lake Rural Fire Protection District, the City shall charge such nonresidents, in addition to any other fees provided for by the City Code, $250 per hour, per vehicle for City vehicles responding and $70 per hour per fire fighter for personnel responding and may charge such nonresidents for extraordinary expenses of materials used in rendering such services. The Fire Chief of the City of Crystal Lake Fire Rescue Department may, as deemed appropriate, waive all or any portion of the fees charged pursuant to this subsection.
There shall be no liability under this article for damages as a result of any actions taken or omitted by the response authority, its agents and employees with respect to an incident creating a danger to public health, welfare or the environment as a result of special rescue services or any release or threatened release of a hazardous material, including, but not limited to, actions taken or omitted in the course of rendering:
In the event that the responsible party fails to provide payment within 30 days of receipt of City invoice or take requested actions related to a release or special rescue incident within the time limit directed by the Fire Chief or his/her designee, the City may take actions pursuant to law to collect such amounts due, including all City attorneys' fees and related legal costs, or impel actions.
Charges for special rescue incident or removal or remedial action when rendered by the City or a mutual aid company shall be as provided by those agencies from time to time.