(A) (1) The Trustees of the village do hereby find that hazardous materials and substances are widely used in commerce and by individuals in our society, and that properly controlled and utilized, such substances and materials can be beneficial to our overall well-being.
(2) However, the Village Trustees further find that large known quantities and qualities of such materials and substances exist which may be toxic, corrosive, irritating, sensitizing, flammable or combustible and which may cause serious illness or harm to humans, animals and the environment. The public has a right to expect regulation of these substances. The Department of Transportation is responsible for regulating the transportation of hazardous materials by air, water, highway, rail and pipelines.
(B) Despite these regulations, death, injuries and serious property damages related directly to the transportation of hazardous materials have and do occur. Risks present in the transport of dangerous goods cannot be totally abated through regulations.
(C) State regulations entrust local communities with the responsibilities of the mitigation of hazardous material incidents within their jurisdiction. In responding to a hazardous substance discharge incident, the Village Fire Department and/or the village will incur significant expenses including, but not limited to: equipment, cleanup, equipment replacements and additional staffing not normally reimbursed through state or federal agencies.
(D) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CORROSIVE. Any substance which when in contact with living tissue causes destruction of tissue by chemical action; but does not refer to action on inanimate surfaces.
FLAMMABLE/COMBUSTIBLE. Any substance which has a flashpoint of above 20° to and including 80°F as determined by the Tagliabue Open Cut Tester, and EXTREMELY FLAMMABLE means any substance which has a flashpoint at or below 20°F as determined by the Tagliabue Open Cut Tester, and COMBUSTIBLE means any substance which has a flashpoint above 80°F to and including 150° as determined by the Tagliabue Open Cut Tester; except that the flammability or combustibility of solids and of the contents of self-pressurized containers shall be determined by methods generally applicable to such materials or containers, respectively.
HAZARDOUS SUBSTANCE. Any substance or mixture of substances which is toxic, corrosive, irritant, strong sensitizer, flammable, combustible or which generates pressure through decomposition, heat or other means, and which may cause substantial personal injury or illness during or as a proximate result of any customary or reasonably anticipated handling or use, including reasonably foreseeable ingestion, and also means by radioactive substance.
IRRITANT. Any substance not corrosive, which on immediate, prolonged or repeated contact with normal living tissue will induce local inflammatory reaction.
PERSON. Any individual, partnership, corporation, trust or other entity.
RADIOACTIVE SUBSTANCE. Any substance that emits ionizing radiation.
STRONG SENSITIZER. Any substance which will cause, on normal living tissue through an allergic or photo-dynamic process, a hypersensitivity which becomes evident on reapplication of the same substance.
TOXIC. Any substance (other than a radioactive substance) which has the capacity to produce injury or illness to humans through ingestion, inhalation or absorption through any body surface.
UNRECOVERED COSTS. The total cost of operations maintenance, and additional staffing necessitated by the incident, including, but not limited to, replacement of specialized equipment or supplies required to mitigate the emergency and may also include any extraordinary damage to equipment caused by the incident, which costs are not otherwise recoverable through state or federal agencies.
(Ord. 4186, passed 4-1-2013; Ord. 4477, passed 10-18-2021) Penalty, see §
95.99