(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY RESPONSE CHARGES. Any expense for personnel and equipment involved in responding to an occurrence. Emergency responses include, but are not limited to, firefighting services, emergency rescue services, emergency medical services, hazardous materials response teams, civil defense services, technical rescue teams, public works services, police services, and the services performed by a private contractor responding to an occurrence at the request of the village.
HAZARDOUS MATERIAL. A substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to health, safety and property. Hazardous materials include, but are not limited to, hazardous waste, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (49 CFR 172.101), petroleum, including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel.
OCCURRENCE. Any discharge or threatened discharge of a hazardous material.
RESPONSIBLE PARTY. Any person or entity owning, controlling, leasing, having custody over, or conducting any activity upon any land, facility, equipment or vehicles, who causes or contributes to an occurrence.
(B) Responsible party liability. It shall be the duty of any responsible party to reimburse the village and any other unit of local government for all emergency response charges relating to an occurrence. The liability of a responsible party shall be joint and severable.
(C) Responsible party charges. The village shall be reimbursed for its emergency response charges at the following hourly rates: $125 per hour, or any portion thereof, for fire apparatus, equipment, ambulances or emergency response vehicles, $75 per hour, or any portion thereof, for other motor vehicles, including police squad cars, responding to the occurrence; and $35 per hour, or any portion thereof, for personnel. All other charges shall be billed at their reasonable and customary rate.
(D) Fines. In addition to the reimbursement of any emergency response charges, a responsible party may be fined up to $750.
(Ord. 06-74, passed 6-21-06)