A. The village of Riverwoods is authorized to remove or abate the effects of any hazardous substance incident involving the actual or threatened release of a hazardous material: 1) upon or into property or facilities in the village or 2) pursuant to any mutual aid agreement in effect, it being understood that such aid will be rendered outside the village limits. The village of Riverwoods may be assisted in such activities by the Lake County hazardous materials team (Lake County HAZMAT team), any other municipal or fire protection district fire department, any party to a mutual aid agreement or who is requested to lend assistance, or independent contractors.
B. The following described persons shall be jointly and severally liable: 1) to the village for the payment of all removal or abatement costs incurred by the village as a result of such removal and/or abatement activity, and 2) to any member unit of any mutual aid agreement rendering aid to the village pursuant to any such agreement:
1. The person or persons whose negligent, reckless, or wilful act or omission proximately caused such release; and
2. The person or persons who owned or had custody or control of the hazardous substance at the time of such release, without regard to fault or proximate cause; and
3. The person or persons who owned or had custody or control of the container, transport vehicle, or transport vessel which held such hazardous substance at the time of, or immediately prior to, such release, without regard to fault or proximate cause; and
4. Any person owning or in control of any real property from which a hazardous substance is or may be released.
C. In the event that any person undertakes, voluntarily or upon order of the police chief, to remove or abate the effects of any actual or threatened hazardous substance release upon or into any property or facility in the village, the police chief or his designee may take such action as is necessary to supervise or verify the adequacy of the removal or abatement. The person(s) described in subsections B1 through B4 of this section shall be liable to the village for all removal or abatement costs incurred as a result of such supervision or verification. (Ord. 04-7-7, 7-20-2004)