(A) Definitions: For the purposes of this chapter, the following words and phrases shall have the following meanings:
CORROSIVE: Any substance which, when in contact with living tissue, causes destruction of tissue by chemical action; but does not refer to action on inanimate surfaces.
FLAMMABLE AND COMBUSTIBLE: Any substance which has a flashpoint of above twenty degrees (20°) to and including eighty degrees Fahrenheit (80°F) as determined by the Tagliabue open cup tester, and extremely flammable means any substance which has a flashpoint at or below twenty degrees Fahrenheit (20°F) as determined by the Tagliabue open cup tester; except that the flammability or combustibility of solids and of the contents of self-pressurized containers shall be determined by methods generally applicable to such materials or containers, respectively.
HAZARDOUS SUBSTANCE: Any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, combustible or which generates pressure through decomposition, heat or other means, and which may cause substantial personal injury or illness during or as a proximate result of any customary or reasonably anticipated handling or use, including reasonably foreseeable ingestion, and also means any radioactive substance.
HAZARDOUS SUBSTANCE INCIDENT: An occurrence when a hazardous substance is spilled, exploded, burned or otherwise discharged into the surrounding environment resulting in death, injury, property damage or expenses to any person, property owner or to the village or any duly constituted entities thereof.
IRRITANT: Any substance, not corrosive, which on immediate, prolonged or repeated contact with normal living tissue will induce local inflammatory reaction.
PERSON: Any individual, partnership, corporation, trust or other entity.
RADIOACTIVE SUBSTANCE: Any substance which emits ionizing radiation.
STRONG SENSITIZER: Any substance which will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity which becomes evident on reapplication of the same substance.
TOXIC: Any substance (other than a radioactive substance) which has the capacity to produce bodily injury or illness to a person through ingestion, inhalation or absorption through any body surface.
UNRECOVERED COSTS: The total cost of operation, maintenance, and additional staffing necessitated by the incident, including, but not limited to, replacement of specialized equipment or supplies required to mitigate the emergency and may also include any extraordinary damage to equipment caused by the incident, which costs are not otherwise recoverable through federal or state agencies.
(B) Violation: It shall be a violation of this chapter for any person using, storing, transporting, or causing to be used, stored, or transported any hazardous substance, to in any manner allow or cause a hazardous substance incident.
(C) Exception: The provisions of 430 Illinois Compiled Statutes 55/1 shall apply to this chapter with the exception that there shall be no maximum assessment which the village can charge for the response and remediation of the hazardous substance incident.
(D) Penalty: There is hereby imposed a fine upon any person violating this chapter equivalent to the greater of: 1) seven hundred fifty dollars ($750.00) or 2) the unrecovered costs incurred by the village or any entities thereof in responding to the hazardous substance incident. (Ord. 1177, 3-11-2013)