The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
HAZARDOUS SUBSTANCE INCIDENT: Any circumstance involving the sudden release or threatened release of a hazardous substance which, in the judgment of an emergency response authority, whether said emergency response authority be the village, a mutual aid agreement member unit, or a federal or state agency or other local agency, threatens immediate and irreparable harm to the environment or the health, safety, or welfare of any individual other than individuals exposed to the risks associated with hazardous substances in the normal course of their employment. "Hazardous substance incident" includes those incidents of releasing or abandoning of a hazardous substance, whether or not such releasing or abandoning is found to threaten immediate and irreparable harm, but such term does not include any release of a hazardous substance authorized pursuant to any federal, state, or local law or regulation.
HAZARDOUS SUBSTANCES:
A. Any material as designated pursuant to the federal comprehensive environmental response, compensation, and liability act of 1980, 42 USC 9601(14), as amended; or
B. Any substance, material, waste, or mixture designated as a hazardous material, waste, or substance according to 49 code of federal regulations (CFR) or according to 415 Illinois Compiled Statutes 5/3.14 and 5/3.15, as amended, excluding highway route controlled quantities of radioactive materials as defined in 49 CFR 173.403(1), excluding ores, the products from mining, milling, smelting, and similar processing of ores, and the wastes and tailings therefrom, and excluding special fireworks as defined in 49 CFR 173.88(d) when the aggregate amount of flash powder does not exceed fifty (50) pounds; or
C. Any material which is listed on the list of environmental protection agency pollutants, 40 CFR 401.15, as amended; or
D. Any material which is classified by the National Fire Protection Association (NFPA) as either a flammable liquid, a class II combustible liquid, or a class III combustible liquid; or
E. Any material which has been determined by the party storing it, or having control of it, through testing or other objective means, to be likely to create a significant potential or actual hazard to public health, safety, or welfare or to the environment. This definition shall not establish a requirement to test for the purposes of this chapter; or
F. Any material which has been determined by the police chief, through information based on appraisal and assessment from reliable resources, to be likely to create a significant potential or actual hazard to public health, safety, or welfare or to the environment. The fact that the material in question is not designated as a hazardous substance pursuant to subsections A through E of this definition or is excluded by specific legislation or NFPA classifications from subsections A through D of this definition, does not preclude the police chief from determining that the material is a hazard, given the totality of the particular facts and circumstances.
PERSON: Any individual, public or private corporation, partnership, limited liability company, limited liability partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, village and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
POLICE CHIEF: The police chief of the village of Riverwoods, or his authorized representative.
RELEASE: Any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but excludes: a) any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons; b) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine; c) release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in atomic energy act of 1954, if such release is subject to requirements with respect to financial protection established by the nuclear regulatory commission under section 1870 of such act; and d) the normal application of fertilizer.
REMOVAL OR ABATEMENT COSTS: The costs incurred by the village including, but not limited to, the following, whether incurred within the village or outside the village limits, as a result of rendering mutual aid pursuant to any mutual aid agreement or pursuant to the request of another government agency: actual labor cost of village personnel, including benefits and administrative overhead; costs of consultants whose expertise is required to remove or abate the incident or to assess the nature and extent of damage done; cost of equipment operation; repair cost of vehicles or equipment; replacement cost of vehicles or equipment which, in the determination of the police chief, is contaminated beyond reuse or repair; laboratory costs; cost of materials or equipment obtained directly by the village; cost of any contract or mutual aid labor and materials; attorney fees incurred in collecting monies owed to the village by liable parties.
REMOVE OR REMOVAL: The cleanup or removal of released hazardous substances from the environment, such actions as may be necessary to be taken in the event of the threat of release of hazardous substances into the environment, such actions as may be necessary to monitor, assess, and evaluate the release or threat of release of hazardous substances, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or the environment, which may otherwise result from a release or threat of release. The term includes, in addition, without being limited to, security fencing or other measures to limit access, provision of alternative water suppliers, temporary evacuation and housing of threatened individuals, and any emergency assistance which may be provided under the Illinois emergency services and disaster agency act of 1975, as amended, pursuant to any mutual aid agreement. (Ord. 04-7-7, 7-20-2004)