Any person, whether a resident or non-resident of the City of Spring Valley, causing or permitting a hazardous material incident shall be responsible for reimbursing the City of Spring Valley as follows:
(A) Definitions: For the purposes of this Section, the terms used herein are defined as follows:
HAZARDOUS MATERIAL: | A substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to health and safety or property when transported in commerce and hazardous substance or waste as defined by the Environmental Protection Act. |
HAZARDOUS MATERIAL INCIDENT: | Emergency or non-emergency circumstance involving the sudden release or threatened or potential release of hazardous material which, in the judgment of an appropriate governmental agency, threatens imminent and irreparable harm to the environment or the health, safety or welfare of any individual other than individuals exposed to the risk associated with hazardous material in the normal course of their employment. |
RELEASE: | Any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment. |
REMOVAL: | The clean up or removal of released hazardous material or improperly stored hazardous material from the environment; such actions as may be necessary to be taken in the event of the threat of release of hazardous material into the environment; such actions as may be necessary to monitor, assess and evaluate the release or threat of release of hazardous material, the disposal of removed material or the taking of such other actions as may be necessary to prevent, minimize or mitigate to the public health or welfare or environment which may otherwise result from a release or threat of a release. |
(B) Removal; Abatement: The City of Spring Valley is authorized to remove or abate the effect of any hazardous material involving the actual or threatened release, discharge or deposit upon or onto property or facilities within the City of Spring Valley. The following described persons shall be jointly and severally liable to the City of Spring Valley for the payment of all costs incurred by the City of Spring Valley as a result of such removal or abatement activity:
1. Any person or persons whose negligent or willful act or omission proximately caused such release;
2. The person or persons who owned or had custody or control over the hazardous material at the time of such threatened or actual release without regard to fault or proximate cause;
3. The person or persons who owned or had custody or control of the container or vehicle which held such hazardous material at the time of or immediately prior to such actual or threatened release without regard to fault or proximate cause; and
4. Any person owning or in control of any real property from which hazardous material is or may be released.
(C) Supervision/Verification By Fire Chief: In the event that any person undertakes, either voluntarily or upon the order of the fire chief or other Spring Valley City official to remove or abate the effects of any actual or threatened release of hazardous material upon or onto any property or facility within the City of Spring Valley, the fire chief may take such action as is necessary to supervise or verify the adequacy of the removal or abatement. The persons described in subsection (B) shall be liable to the City of Spring Valley for all costs incurred as a result of such supervision or verification.
(D) Qualified Costs: Costs incurred by the City of Spring Valley shall include, but not necessarily be limited to, the following: actual labor costs of City of Spring Valley personnel, including benefits and administrative overhead; reimbursement to the City of Spring Valley for the services of members of the Spring Valley volunteer fire department at rate not to exceed two hundred fifty dollars ($250.00) per hour and not to exceed seventy dollars ($70.00) per volunteer fire fighter responding to the hazardous materials emergency; cost of equipment operation; cost of materials obtained directly by the City of Spring Valley and cost of consultants whose expertise is required to remove or abate the incident or to assess the nature and extent of the damage done; cost of equipment operation; replacement cost of vehicles or equipment which in the determination of the fire chief, is contaminated beyond reuse or repair; laboratory costs; cost of materials or equipment obtained directly by the City of Spring Valley; cost of any contact or mutual aid labor and materials; and attorneys' fees incurred in collecting monies owed to the City of Spring Valley by liable parties.
(E) Remedies: The remedies provided in this section shall be in addition to any other remedies or penalties provided by law.
(F) Burden Of Liability: This section shall be liberally construed to give effect to its purpose which is to shift the burden of liability for the aforesaid removal or abatement costs from the citizens of the City of Spring Valley to those responsible for the incident.
(G) State Reimbursement: In the event that the City of Spring Valley is not reimbursed by the responsible party as required herein, if applicable, the fire chief shall make application to the emergency response reimbursement fund of the State of Illinois pursuant to the Hazardous Material Emergency Response Reimbursement Act (430 ILCS 55/1 et seq.)
(Ord. 1748, 5-20-2019)