A. Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
COSTS INCURRED BY THE VILLAGE: All costs and expenses of the Village incurred in connection with the cleanup or abatement of the release of hazardous materials and shall include, but shall not be limited to, the following: actual labor costs of Village, the personnel involved in the cleanup or abatement of the release (including workers' compensation benefits, fringe benefits and administrative overhead); cost of equipment operation, damage and loss of materials and equipment as determined by the Fox Lake Fire Department; cost of materials and equipment used or consumed by the Village or the Fox Lake Fire Department; and cost of any labor, materials, and equipment provided by the Lake County HAZMAT team; other departments providing labor, materials, or services by virtue of any mutual aid agreement or independent contractors.
HAZARDOUS MATERIAL: Any 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 and safety, or property when transported in commerce or any other substance determined to be hazardous or toxic under the laws of the United States or of the State of Illinois.
RELEASE: To leak, seep, spill, emit or discharge, or leakage, seepage, spill, emission, or other discharge or to create a substantial threat of release requiring emergency response.
RESPONSIBLE PARTY: A person who:
1. Owns or has custody of hazardous material that is involved in an incident requiring emergency action by an emergency response agency; or
2. Owns or has custody of bulk or nonbulk packaging or a transport vehicle that contains hazardous material that is involved in an incident requiring emergency action by an emergency response agency; or
3. Causes or substantially contributed to the cause of the incident.
B. Release Prohibited: It shall be unlawful for any person, corporation, partnership, unincorporated association or any unit of Federal, State, or local government or any other entity to release any hazardous material into the environment, whether intentionally or unintentionally.
C. Cleanup Or Abatement Of Hazardous Material Release; Liability For Costs:
1. Cleanup: The Fox Lake fire department is authorized to take such action as it determines to be reasonably required to contain, neutralize, and clean up or abate the effects of any hazardous material released upon or into any property, facilities, or the atmosphere within the village where such release creates a hazard or an apparent hazard to any individual, property, or the environment. The Fox Lake fire department may be assisted in such activities by the Lake County HAZMAT team, any other municipal or fire protection district fire department, any party to a mutual aid agreement, or independent contractor, as necessary to protect against or eliminate such hazard or apparent hazard.
2. Liability: Any responsible party shall be jointly and severally liable to the village for the payment of all costs incurred by the village as a result of such cleanup or abatement by the village, Lake County HAZMAT team, or other fire departments, or independent contractors.
3. Fire Suppression Services: The authority to recover costs under this section shall not include actual fire suppression services that are normally or customarily provided by the Fox Lake fire department, or other services normally or customarily provided by other municipal fire departments, unless the fire involves hazardous materials.
4. Remedies: The remedies provided by this section shall be in addition to any other remedies provided by law.
D. Billing Responsible Parties; Payment To The Village:
1. Billing Responsible Parties: The village shall, within ninety (90) days of completion of the cleanup or abatement of any hazardous material release, send an invoice for the costs incurred by the village in connection with such discharge to the person or persons determined by the village to be responsible parties pursuant to subsection C2 of this section.
2. Payment: The responsible party shall submit payment for the invoice to the village within thirty (30) days of the date of the village's invoice.
3. Attorney Fees: In the event any responsible party fails to pay the amount invoiced within thirty (30) days after the date of the village's invoice, then any and all such responsible parties shall be responsible for all costs of collection including reasonable attorney fees incurred by the village in attempting to enforce this section. (Ord. 2003-20, 4-8-2003)