(A) Definition of words and phrases. The following words and phrases when used in this section shall have the meanings respectively ascribed to them, except when the context otherwise requires and except where another definition is set forth and applicable to that term or a designated part thereof.
COSTS. All expenses incurred by the Village or by another emergency response agency for any removal, mitigation or remedial action required or determined necessary, rounded up to the next full hour. The cost of Village vehicles shall not be less than two hundred and fifty dollars ($250.00) per hour per vehicle. The cost of Village personnel, including overtime cost to the Village, incurred as a result of the removal or remediation action shall be no less than seventy dollars ($70.00) per hour. The full cost of all materials and equipment used, expended, depleted, destroyed, replaced or removed from service as a result of a response shall be reimbursed to the Village. Cost of vehicles, equipment, personnel or other services or goods provided by an independent
contractor or other emergency response agency shall be that as reasonably determined by said contractor or other emergency response agency.
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, pond, lagoon, impoundment, ditch, landfill, storage container, tank, motor vehicle, truck trailer, rolling stock or aircraft. Also, any site or area where a hazardous material has been deposited, stored, disposed of, abandoned, placed, or otherwise come to be located.
HAZARDOUS MATERIALS. Any material, substance or mixture of materials or substances which are toxic, flammable, corrosive, explosive, carcinogenic or radioactive including, but not limited to, any substance or material which is designated a hazardous material pursuant to the “Hazardous Materials Transportation Act” (49 U.S.C.A. §§ 1801 et seq.) or as defined in ILCS Ch. 415, Act 5, §§ 1 et seq., in a quantity and form which may pose a substantial present or potential hazard to human health, property or the environment when improperly released, treated, stored, transported, disposed of, or otherwise managed.
PERSON. Any individual, business, firm, partnership, corporation, association, trust, estate, joint venture or other legal entity, or their legal representative, agent or assign.
RELEASE. Any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping or disposing of a hazardous material into or on any land, air, water, well, stream, sewer or pipe so that such hazardous material or any constituent thereof may enter the environment.
REMEDIAL ACTION. Any action consistent with permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate to
cause a substantial present or potential hazard to human health, property or the environment. The term includes, but is not limited to, such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches, or ditches, clay cover, neutralization, cleanup of released hazardous materials or contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, repair or replacement of leaking containers, collection of leachate and runoff, onsite treatment or incineration, provision of alternate water supplies, and any monitoring reasonably required to assure that such actions protect the public health and welfare and the environment.
REMOVAL. The cleanup or removal of released hazardous materials from the environment, such actions as may be necessary or appropriate to monitor, assess, and evaluate the release or threat of release of hazardous materials, the disposal of removed material, or the taking of such action as may be necessary to prevent, minimize, or mitigate damage to the public health or welfare or the environment. The term includes, but is not limited to, security fencing, provision of alternative water supplies, and temporary evacuation of threatened individuals.
RESPONSE. Any removal or remedial action.
(B) Prohibited acts. No person shall cause, threaten or allow the release of hazardous materials into the environment 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 jurisdiction over the release but only to the extent that such release is made in accordance with all applicable laws, regulations and permit requirements and in such place or manner as to not create a substantial present or potential hazard to human health, property or the environment.
(C) Response authority.
(1) The Chief of the Fire Department or his or her authorized representative shall have authority to respond to any release or threatened release of hazardous materials within the Village or affecting any public utility of the Village or in response for assistance by or to aid any other emergency response agency, department or authorized requesting authority. This authority includes, but is not limited to, remedial action and removal.
(2) The Chief of the Fire Department shall have primary authority to respond to any release or threatened release of hazardous materials as described above. The Chief of the Fire Department or his or her authorized representative shall report any release or threatened release of hazardous materials to all appropriate federal. State and local public health, safety and emergency agencies of any substantial release of hazardous materials, as required by law.
(3) The Chief of the Fire Department or his or her authorized representative, during such time as response authority is vested in said individual, shall be authorized to utilize all Village personnel and equipment and take such remedial or removal action as may be deemed necessary or appropriate to respond to the release or threatened release of hazardous materials.
(4) The Village, its agents, officers and employees, and the Chief of the Fire Department shall not have any liability or responsibility for any claim, injury, or damage of any kind resulting from a release or threatened release of hazardous materials to which the Village or any of its departments, officers, agents, or employees or the Chief of the Fire Department respond.
(D) Liability for costs. Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in this section, the following persons shall be jointly and severally liable for all costs of removal and remedial action incurred by the Village as a result of a release or threatened release of a hazardous material:
(1) The owner and operator of a facility or vessel from which there is a release or substantial threat of release of a hazardous material;
(2) Any person who, at the time of disposal, transport, storage or treatment of a hazardous material, owned or operated the facility or vessel used for such disposal, transport, treatment or storage from which there was a release or substantial threat of a release of any such hazardous material;
(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 owned, controlled or possessed by such person at a facility owned or operated by another party or entity from which facility there is a release or substantial threat of a release of such hazardous materials;
(4) Any person who accepts or accepted any hazardous materials for transport to disposal, storage or treatment facilities or sites from which there is a release or a substantial threat of a release of a hazardous material.
There shall be no liability under this subchapter for a person otherwise liable who can establish by a preponderance of the evidence that the release or substantial threat of release of a hazardous material and the resulting damages occurred under one of the permitted defenses set forth in ILCS Ch. 415, Act 5, § 22.2(j).
The Fire Department shall prepare and forward to the person or entity a bill for the total costs and expenses incurred for which such person is a recipient of or responsible for the response; provided, however, any cost in connection with any independent cleanup contractor shall be billed directly by such contractor. Payment of the total bill shall be made within thirty (30) days of receipt. Any bill or portion of a bill remaining unpaid after thirty (30) days of receipt shall accrue interest on the unpaid balance at the rate of two (2) percent per month. Any uncollected portion of the bill not paid after ninety (90) days will be forwarded to the Village's collection agency. If more than one (1) person or entity is involved, each shall be jointly or jointly and severally liable for all costs incurred by the Village.
(E) Failure to take remedial action. In addition to any other remedy provided herein or in law, any person who is liable for the release or threatened release of a hazardous material who fails without sufficient cause to pay for or provide removal or remedial action upon or in accordance with a notice and request of the response authority, or in accordance with any order of any court having jurisdiction of the matter, shall be liable to the Village for any costs incurred by the Village as a result of such failure to provide or take such removal or remedial action, together with the cost of any removal or remedial action taken by the Village in accordance with this section. A separate offense shall be deemed committed for each day on which a violation occurs and continues.
(F) Contractual indemnification; subrogation. No conveyance, transfer, sale, indemnification, hold harmless, or similar agreement shall be effective to release the owner or operator of any facility or vessel or any person who may be liable for a release or threat of release under this section from the liability imposed under this section. Nothing herein shall bar any agreement to insure, hold harmless or indemnify a party to such agreement for any liability under this section. Nothing in this section shall bar a cause of action that an owner or operator or any other person subject to liability under this section, or a guarantor, has or would have, by reason of subrogation or otherwise against any person.
(Ord. 19-4184, passed 10-9-19)