A. Hazardous Materials:
1. Definitions: The following terms and phrases, when used in this subsection, shall have the meanings ascribed to them herein, 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 discharge of hazardous material or the extinguishment of a fire involving hazardous material and shall include, but shall not be limited to, the following: actual labor costs of Village personnel involved in the cleanup or abatement of the discharge or the extinguishment of a fire involving hazardous material (including, without limitation, workers' compensation benefits, fringe benefits, and administrative overhead), cost of equipment operation, damage, and loss as published and updated by the Village Finance Director, cost of materials obtained directly by the Village, cost of any contract labor or materials, and cost of any medical treatment or expense incurred by the Village, its employees and agents, and arising out of said emergency services.
DISCHARGE: To leak, seep, spill, emit, or release, or leakage, seepage, spill, emission, or other release whether intentional or unintentional.
HAZARDOUS MATERIAL: Any substance or material which, due to its quantity, form, concentration, location, or other characteristic, is determined by the Village Fire Chief or his or her authorized representative to pose an unreasonable and imminent risk to the life, health, or safety of persons or property or to the ecological balance of the environment, including, but not limited to, explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiologic (biological) agents, flammables, and corrosives, and any substance determined to be hazardous or toxic under any Federal or State law, statute, or regulation, including, without limitation, any hazardous waste as defined in subtitle C of the Resource Conservation and Recovery Act, as amended, or regulations promulgated pursuant thereto, or any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act, as amended, or regulations promulgated pursuant thereto, and any substance which by law, regulation, or ordinance, requires special handling in its collection, storage, treatment, or disposal. (Ord. 98-12-944, 12-21-1998)
2. Liability: Any person or entity who intentionally, negligently, or otherwise causes a discharge of hazardous material and any person or entity who owns or controls the hazardous material's container at the time of discharge shall be jointly and severally liable to the Village for: a) payment of the fee set forth in subsection A3 of this section (the "hazardous material fee") and b) payment of all costs incurred by the Village as a result of the cleanup or abatement of any hazardous material discharge or the extinguishment of a fire involving hazardous material by the Village, subject to a minimum charge pursuant to title 13, chapter 1, "Fee Schedule", of this Code and provided, however, that the costs incurred by the Village shall not include costs of fire suppression services that are normally or customarily provided by the Village, unless the fire involves hazardous material, or other services normally or customarily provided by other Village departments. Fault shall not be an issue in the attachment of the liability for the hazardous material fee or the costs incurred by the Village.
3. Hazardous Material Fee: Any person or entity who intentionally, negligently, or otherwise causes a discharge of hazardous material and any person or entity who owns or controls the hazardous material's container at the time of discharge shall be jointly and severally liable to the Village for the hazardous material fee pursuant to title 13, chapter 1, "Fee Schedule", of this Code. (Ord. 98-12-944, 12-21-1998; amd. Ord. 2018-12-279, 12-3-2018)
4. Billing And Payment: The Village shall send an invoice for the initial hazardous material fee and the costs incurred by the Village to the persons or entities determined by the Village to be responsible for such discharge pursuant to subsection A2 of this section. (Ord. 98-12-944, 12-21-1998)
B. Charges For Ambulance Transportation And Paramedical Services: Fees for Lake Zurich ambulance transportation and paramedical services shall be charged to, and paid by, the person receiving such services pursuant to title 13, chapter 1, "Fee Schedule", of this Code. (Ord. 2017-12-231, 12-4-2017, eff. 1-1-2018; amd. Ord. 2018-12-279, 12-3-2018)
C. Emergency Response Services Fees:
1. Definition: The term "emergency response services" shall mean services provided under extraordinary circumstances by the Lake Zurich Fire/Rescue Department or the Lake Zurich Police Department to persons in need of specialized rescue from circumstances such as, but not limited to, a hostage situation, a confined space, in or under water, underground, or high above the ground. The determination of the existence of extraordinary circumstances shall be reserved solely to the exercise of the discretion of the Village Manager. (Ord. 97-05-853, 5-19-1997; amd. Ord. 2012-10-861, 10-1-2012)
2. Payment For Services: If the Lake Zurich Fire/Rescue Department, Lake Zurich Police Department, Lake Zurich Public Works Department, or any other Village department provides extraordinary emergency response services requiring specialized equipment and personnel skills for which specialized training is required, then the recipient or recipients of such services, or their administrators, personal representatives, executors, successors, heir, or assigns, and the holder of legal title of the real property on which such services are provided, shall reimburse the Village for the cost of all personnel and equipment utilized to provide such services in the amounts provided in subsections C3 and C4 of this section.
3. Payments For Personnel: The charge for personnel services hereunder shall be all costs incurred by the Village for all off duty employees of the Village and for all outside support services personnel that assist with the emergency response, without markup or separate fee. There shall be no charge for on duty personnel responding in the course of their regular duties.
4. Payments For Materials And Equipment: The charge for materials and equipment hereunder shall be all costs incurred by the Village for all materials and equipment that are used as part of the emergency response, including:
a. Rental costs for Village vehicles and equipment in amounts published by the Illinois Department of Transportation for such rental costs; and
b. Rental costs for equipment secured by the Village from outside sources in the amounts paid by the Village; and
c. Purchase costs for all materials and equipment purchased by the Village for the emergency response; and
d. Replacement costs for all materials and equipment, not otherwise paid for, that cannot be reused or otherwise must be discarded; and
e. Repair costs; and
f. All similar costs incurred by the Village.
Equipment costs shall apply and shall be paid for all materials and equipment that are used in responding to the emergency, regardless of whether such materials or equipment actually are utilized in the rescue, including, by way of example, but not limitation, rental costs for trucks, backhoes, or other equipment that respond, but are not actually used. (Ord. 97-05-853, 5-19-1997)