Section
104.01 Title
104.02 Definitions
104.03 Releases of hazardous materials or environmentally damaging substances
104.04 Liability for costs
104.05 Requirements for persons handling hazardous materials
104.06 Response fee
104.07 Exclusions
104.08 Access to facility
104.99 Penalty
Cross-reference:
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Mattoon, Illinois and Departments therein to include, but not limited to: The Emergency Services and Disaster Agency, Fire Department, Police Department, Street Department, Water Department, Sewer Department and Department of Public Health.
CLEAN UP. Includes all the activities necessary to contain, collect, analyze, treat, disperse, remove and dispose of hazardous materials and or environmentally damaging substances and to restore the site to pre-incident condition.
CLEAN UP CONTRACTOR. A person, company or corporation that performs clean up activities at hazardous materials release sites.
COSTS. All expenses incurred by the city for any fire fighting, medical treatment, remedial, removal, or clean up activities involving a hazardous materials or environmentally damaging substances release, threatened release of fire. Costs include, but; are not limited to contractual services, wages, salaries, damaged or destroyed equipment, spill control supplies, protective clothing, fire fighting or vapor suppressing foam, medical care and medical supplies. Costs include expenses incurred for the supervision and verification of remedial and clean up activities. Costs shall not include the expense of actual fire suppression services and emergency medical services which are normally or usually provided to the public by the city and which are unrelated to hazardous materials or environmentally damaging substances.
EMERGENCY MANAGER. The City of Mattoon ESDA Coordinator/Public Safety Officer.
ENVIRONMENTALLY DAMAGING SUBSTANCES. Any substance which if spilled or released into the environment in sufficient quantity that will cause actual or potential public health risks or damage to the environment if not "cleaned up."
ESDA. The City of Mattoon Emergency Services and Disaster Agency.
EXTREMELY HAZARDOUS SUBSTANCE. Products that have an extremely high degree of toxicity.
FACILITY. Any building, structure, installation equipment, pipe or pipeline including, but not limited to, any pipe into a sewer or publicly owned treatment works, well pit, pond, lagoon, impoundment ditch, landfill storage container, motor vehicle, rolling stock or aircraft or any other thing into which substances have been deposited, stored or transported.
FIRE DEPARTMENT. The City of Mattoon Fire Department.
HAZARDOUS MATERIALS. Substances or materials in quantity and/or forms which may pose an unreasonable risk to public health, safety or the environment when stored, transported or used in commerce. Such materials include, but are not limited to: explosives, blasting agents, chemicals, poisons, flammable gases, corrosives, oxidizers, organic peroxides, flammable solids, radioactive materials or etiological agents. Hazardous materials also includes hazardous substances and hazardous wastes.
HAZARDOUS SUBSTANCES. Any substances designated under the Clean Water Act and Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. § 9601 et seq.), as now or hereafter amended, as posing a threat to the waterways and the environment when released and that can produce an adverse effect on the public health or safety.
HAZARDOUS WASTE. Discarded materials under Resource Conservation and Recovery Act (RCRA) (42 U.S.C. § 9601 et seq.), regulated by the United States Environmental protection Agency because of public health and safety concerns.
INCIDENT. A fire, release or threatened release of hazardous materials or environmentally damaging substances.
OWNER. Owner includes both legal and beneficial title or interest holder and is not limited to record title holder.
PERSON. Any individual, business, firm, partnership, corporation, association, trust, estate, joint venture, or other legal entity, or their legal representative or agent.
PLACARD VEHICLE. A vehicle, that when transporting hazardous materials, is required by the United States Department of Transportation to be marked with placards to warn emergency responders of the hazardous cargo, pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping, disposing, exploding, or burning of hazardous materials or environmentally damaging substances.
REMEDIAL ACTION. Any action consistent with the remediation of a release or the prevention of a threatened release of hazardous materials or environmentally damaging substances into the environment. The term includes, but is not limited to, actions at the location of a release such as diking, damming, trenching, covering, diverting, foaming, neutralizing, isolating, burning, closing, plugging, moving, repairing, transferring, recycling, etc. The actions required may also include the evacuation, sheltering and feeding of people, provision of alternative water supplies and other activities to protect the public health and welfare and the environment.
RESPONSIBLE PARTY OR PARTIES. The "responsible party" includes the following:
(1) The owner and operator of a facility or vessel from which there is a fire or release or threatened release of hazardous materials or environmentally damaging substances;
(2) Any person who at the time of disposal, transport, storage, or treatment of hazardous materials or environmentally damaging substances owned or operated the facility or vehicle used for such disposal, transport, treatment or storage from which there was a fire, release, or threatened release of hazardous materials, or environmentally damaging substances;
(3) Any person who by contract, agreement, or otherwise has arranged with another party or entity for transport, storage, disposal, or treatment of hazardous materials, or environmentally damaging substances owned, and operated by another party or entity from which there is fire, release, or threatened release of such hazardous materials or environmentally damaging substances;
(4) Any person who accepts any hazardous materials or environmentally damaging substances for transport to disposal, storage, or treatment sites from which there is a fire, release, or threatened release of hazardous materials or environmentally damaging substances;
(5) Any person who owned, operated or otherwise controlled activities at any abandoned facility or vehicle immediately prior to abandonment.
(Ord. 99-4997, passed 9-21-1999)
(A) Unlawful releases prohibited. No person shall cause, threaten, or allow the release of hazardous materials or environmentally damaging substances, unless such release is in accordance with an appropriate permit granted by the Illinois Environmental Protection Agency or other State or Federal Agency having primary authority over the release and such release is in such a place and manner as will not create a substantial present or potential hazard to human health, property or the environment. Any prohibited release is hereby declared a public nuisance.
(B) Response authority. The Fire Department shall have the authority to respond to and control all activities at the fire, release or threatened release involving hazardous materials or environmentally damaging substances and perform such remedial or fire fighting activities as are deemed necessary to control any incident within the city or in areas where such release threatens the public health or environment of the city.
(C) Emergency purchases. Emergency purchases during an incident and clean up from a fire, release or threatened release may be made by the Fire Chief, or Emergency Manager or their designee.
(D) Clean up and remediation required.
(1) A responsible party or parties shall clean up the facility and site which there has been a fire, release or threatened release of hazardous materials or environmentally damaging substances. The removal shall be in accordance with state and federal laws, rules and regulations. The site shall be restored to pre-incident condition and meet Illinois Environmental Protection Agency (IEPA) Standards. The site shall be restored to pre-incident conditions and shall be free of noticeable odors or liquid runoff. Any remedial action shall prevent or minimize the release of hazardous materials or environmentally damaging substances to prevent a substantial present or potential hazard to public health, property or the environment.
(2) The IEPA shall supervise and verify the adequacy of all remedial and clean up actions.
(3) The Fire Chief and/or the Emergency Manager or their designee shall have the authority to order the responsible party or parties of a fire, release or threatened release of hazardous materials to hire a clean up contractor to clean up the site if the responsible party or parties are not equipped or prepared to properly handle hazardous material or environmentally damaging substances.
(4) In the event that a responsible party or parties fails or refuses to clean up or remediate an incident, or in the event of an emergency incident, the city shall clean up the site and shall assess all costs against the responsible party or parties as provided elsewhere in this chapter.
(Ord. 99-4997, passed 9-21-1999)
(A) Each responsible party or parties shall be liable to the Fire Department or City for all costs incurred by the city resulting from a fire, release or threatened release involving hazardous materials or environmentally damaging substances.
(B) Payment for incurred costs. Each responsible party shall remit payment to the city within 30 days upon written notification of cost by the city.
(Ord. 99-4997, passed 9-21-1999)
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