(A) The Fire Department is hereby authorized to control and eliminate hazardous materials (as that term is defined in the Hazardous Material Emergency Response Reimbursement Act) and hazardous material emergencies. The Fire Department shall have the authority to summarily remove, abate, and remedy all hazardous material emergencies or incidents within or without the corporate limits of the city which are dangerous or prejudicial to public health or public safety. The responsible party, as that term is defined in ILCS Ch. 430, Act 55, § 3(c) of the Hazardous Material Emergency Response Reimbursement Act (ILCS Ch. 430, Act 55, §§ 1 et seq.) shall be responsible for all expenses incurred by the Fire Department in eliminating hazardous materials and hazardous material emergencies. If there are multiple responsible parties, such parties are jointly and severally liable for all expenses incurred by the Fire Department, in eliminating and/or controlling hazardous materials and hazardous material emergencies.
(B) The Fire Department as determined by its Chief or his or her designee is hereby authorized to seek and obtain the services of an independent hazardous material specialist or to seek and obtain the service of a hazardous material specialist associated with the company or companies responsible for the removal, abatement or remedy of a hazardous material emergency or incident shall include but be limited to charges for all materials used; a charge for all firefighting services including equipment and manpower; charges for experts, specialists or other consultants; and all other charges associated or related to the hazardous material emergency or incident.
(C) The Fire Chief of Fire Department shall ascertain the expenses incurred in removing, abating or remedying the hazardous material emergency or incident and shall notify the responsible party (as that term is defined in the Hazardous Material Emergency Response Reimbursement Act) in writing that all expenses and charges are due and payable within 30 days from the date the said notice was first mailed by first-class U.S. Mail. Any person who shall fail or refuse to pay the expenses of removal, abatement or remedy shall be liable for all attorneys' fees, collection costs and other expenses incurred by the city in collecting the amounts owing. Monies collected hereunder as expenses for removal, abatement or remedy of any hazardous material emergency or incident shall be used by the City of Fairfield to purchase materials, training and programs for controlling and containing hazardous material emergencies and incidents.
(Ord. 24-0109-355, passed 1-9-2024)