(A) Prohibition. It shall be unlawful and constitute a public nuisance, consistent with § 93.21, for any person to operate a hazardous substance facility within the Village; provided, however, that the treatment of hazardous substances by a publicly- owned hazardous substance facility or by a public utility or railroad operating under the authority of the Interstate Commerce Commission or the Illinois Commerce Commission shall not be prohibited.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a separate meaning.
HAZARDOUS SUBSTANCE FACILITY. Any building, structure, installation or land where the treatment, storage, transfer, hauling, or processing of hazardous substances occurs.
HAZARDOUS SUBSTANCE. Any element, compound, mixture, solution, substance, waste product, waste, or combination of wastes, which, because of its quantity, concentration or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed, and which has been identified as hazardous, either by characteristics or listing, pursuant to the Resource Conservation and Recovering Act of 1976, § 3001 (Pub. L. 94-580, being 42 U.S.C. 6921), and/or Illinois Pollution Control Board regulations. For the purposes of this section, the definition of HAZARDOUS SUBSTANCE shall also encompass, but not be limited to, the following:
(a) Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act (Pub. L. 92-500, being 33 U.S. C. 1321), as amended;
(b) Any element, compound, mixture, solution or substance designated pursuant to § 102 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (Pub. L. 96-510, being 42 U.S.C. 9601 et seq.), as amended;
(c) Any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act (Pub. L. 92-500, being U.S.C. 1317), as amended;
(d) Any hazardous air pollutant listed under § 112 of the Clean Air Act (Pub. L. 95-95, being U.S.C. 7412), as amended;
(e) Any imminently hazardous chemical substance or mixture with respect to which the administrator of the U.S. Environmental Protection Agency has taken action pursuant to § 7 of the Toxic Substance Control Act (Pub. L. 94-469, being U.S.C. 2606), as amended, excluding petroleum, crude oil or any fraction thereof which is not otherwise specified, listed, or designated as a hazardous substance under § 7, subsections (1) through (6), and natural gas or synthetic gas usable for fuel, or mixtures of natural gases in synthetic gas.
PERSON. Any individual, trust, firm, joint stock company, corporation, partnership or association, including corporate officers and directors.
TREAT or TREATMENT. The extraction, extrusion or distillation of any hazardous substance from any kind of liquid, gas or solid, including any method, technique or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous substance.
(C) Costs or penalties. Any costs or penalties imposed as a result of the violation of the provisions of this section shall be consistent with the provisions of §§ 93.22 and 93.23 and in addition to those imposed as a result of judgments stemming from any appropriate civil actions or proceedings initiated by the Village.
(1997 Code, § 12.12) (Ord. 88-12, passed 12-29-1988)