(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HAZARDOUS SUBSTANCE. A waste or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics, may cause, or significantly contribute to an increase in mortality, or an increase in serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when stored. Such term shall also include:
(a) Any substance designated pursuant to Section 311(b)(2)(A) of the Federal Water Pollution Control Act (Pub. L. No. 92-500), as amended.
(b) Any element, compound, mixture, solution or substance designated pursuant to Section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Pub. L. No. 95-510), as amended.
(c) Any hazardous waste.
(d) Any toxic pollutant listed under Section 307(a) of the Federal Water Pollution Control Act (Pub. L. No. 92-500), as amended.
(e) Any hazardous air pollutant listed under Section 112 of the clean Air Act (Pub. L. No. 95-95), as amended.
(f) Any imminently hazardous chemical substance or mixture with respect to which the Administrator of the U.S. Environmental Protection Agency has taken action pursuant to Section 7 of the Toxic Substances Control Act (Pub. L. No. 94-469), as amended. The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specified, listed or designated as a hazardous substance under this definition, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or minutes of natural gas and such synthetic gas).
HAZARDOUS SUBSTANCE TREATMENT FACILITY. Any building, structure or installation where the treatment of hazardous substances occurs.
HAZARDOUS WASTE. A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed, and which has been identified by characteristics or listing, as hazardous pursuant to Section 3001 of the Resource Conservation and Recovery Act of 1976 (Pub. L. No. 94-580) or pursuant to the Illinois Pollution Control Board regulations.
PERSON. Any individual, trust, firm, joint stock company, public or private or governmental corporation, partnership, association, state or federal agency. Such term shall also include corporate officers and directors.
TREAT or TREATMENT. The extraction, extrusion or distillation of any hazardous substance from any kind of liquid, gas or solid. Such term includes any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous substance so as to neutralize such substance. Such term also includes any activity or processing designed to change the physical form or chemical composition of a hazardous substance.
(B) Prohibition. It shall be unlawful for any person to operate within the village a hazardous substance treatment facility.
(C) Nuisance. In the event any person operates a hazardous substances treatment facility or establishes a facility in violation of the provisions of this chapter, the Village Attorney is authorized, upon instructions from the Mayor, in addition to other penalties set forth herein, to institute any appropriate civil action or proceedings to prevent or abate such disposal of hazardous substance, the same being deemed a public nuisance.
(`95 Code, § 96.11) (Ord. 86-9, passed 5-28-86) Penalty, see § 96.99