(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Any person who is liable for the release or threatened release of a hazardous material, as per §§ 98.20 through 98.27, who fails without sufficient cause to pay for or provide removal or remedial action upon or in accordance with a notice and request of the village, or in accordance with any order of any court having jurisdiction on the matter, shall be liable to the village for any costs incurred by the village as a result of the failure to provide or take the removal or remedial action, together with the cost of any removal or remedial action taken by the village in accordance with §§ 98.20 through 98.27, and all attorneys fees and related legal costs incurred in connection therewith.
(2) In addition, any person shall be guilty of a violation of §§ 98.20 through 98.27 and shall be fined not less than $100, nor more than $750, for each offense. A separate offense shall be deemed committed for each day on which a violation occurs or continues. Where a violation is found to be the result of willful and/or wanton conduct or gross negligence, or the person committing a violation attempts to evade responsibility hereunder by leaving the scene of the occurrence or by other means, that person shall be subject to a fine as provided for above or a fine in an amount equal to three times the costs, including attorney’s fees and legal costs, for which it is liable under division (B)(1) above, whichever is greater.
(3) Charges for removal or remedial action when rendered by the, following named entities shall be as follows:
(a) When provided by the village:
$25 per hour per vehicle |
$25 per hour per chief officer |
$20 per hour per line officer |
$18 per hour per engineer |
$16 per hour per paramedic |
$12 per hour per firefighter |
Replacement costs value for any expended item for the necessary mitigation of the incident |
(b) When provided by a mutual aid company:
$30 per hour per squad company |
$30 per hour per engine company |
$30 per hour per truck company |
$30 per hour per tanker company |
$40 per hour per chief officer |
$50 per hour per ambulance company |
Replacement cost value for any expended item for the necessary mitigation of the incident |
(c) When provided by Southwest Hazardous Materials Response Team:
$100 per hour per response trailer |
$75 per hour per decontamination trailer |
$65 per hour per foam trailer |
$60 per hour per team chief |
$50 per hour per sector officers |
$45 per hour per team member |
Replacement cost value for any expended item for the necessary mitigation of the incident |
(Ord. 1492, passed 6-6-1992)