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.
“COSTS.” All expenses incurred in relation to the provision of services by the village or any emergency response agency, regardless of whether the village would have otherwise incurred those costs including reasonable costs of equipment used in the provision of such services, costs of materials expended in providing such services, costs of storing hazardous or any other material recovered during the course of providing such services, or any other costs attributable to the provision of such services.
“EMERGENCY ACTION.” Any action taken in response to any emergency incident, and at or near the scene of hazardous material emergency incident to prevent or minimize harm to human health, to property, or to the environment from the unintentional release of a hazard material.
“EMERGENCY INCIDENT.” Any incident involving a response from an emergency response agency, including but not limited to, fires, ambulance requests, hazardous materials spills or leaks, earthquakes, severe storms, collapses, and terrorist attacks.
“EMERGENCY RESPONSE AGENCY.” A unit of the village or any unit of local government that provides any of the following:
(1) Firefighting services;
(2) Emergency rescue services;
(3) Emergency medical services;
(4) Hazardous materials response teams;
(5) Civil defense; or
(6) Technical rescue teams.
“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, aircraft, or any vehicle utilizing air, water or rail for transportation. Also, any site or area where hazardous material has been deposited, stored, disposed of, abandoned, placed, or otherwise come to be located.
“FIRE ADMINISTRATOR.” The Village of Tinley Park Fire Administrator.
“HAZARDOUS MATERIAL.” Any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, combustible, or which generates pressure through decomposition, heat or other means and which may cause substantial personal injury or illness during or as a proximate result of any customary or reasonably anticipated handling, use including reasonably foreseeable ingestion by children, or transported in commerce, and also means any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged. This definition shall include all definitions described in the Hazardous Materials Transportation Act, ILCS Ch. 430, Act 30 §§ 1 et seq. and the Uniform Hazardous Substances Act of Illinois, ILCS Ch. 430, Act 35 §§ 1 et seq.
“LAW ENFORCEMENT OFFICIALS.” The Illinois State Police or any duly authorized employee of the Village of Tinley Park Police Department or local government agency who are primarily responsible for the prevention or detection of crime and enforcement of the Criminal Code and the highway and traffic laws of the State of Illinois or any political subdivision of the state.
“MUTUAL AID.” Any action taken pursuant to an intergovernmental agreement, including, but not limited to, agreements made as part of a mutual aid box alarm system (“MABAS”).
“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 run off, 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 of the environment.
“REMOVAL.” The clean up of released hazardous materials from the environment, including such actions as may be necessary and 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 of the environment. The term includes, but is not limited to, security fencing, provision of the alternate water supplies, and temporary evacuation of threatened individuals.
“RESPONSE.” A response to any emergency incident, including any removal or remedial action.
“RESPONSIBLE PARTY.” Any person who:
(1) Owns, operates or has custody of any vehicle, location or hazardous material that is involved in an incident requiring emergency action by an emergency response agency;
(2) Owns, operates or has custody of bulk or non-bulk packaging or a transport vehicle that contains hazardous material that is involved in an incident requiring emergency action by an emergency response agency; or
(3) Causes or substantially contribute to the cause of the incident.
(Ord. 2019-O-19, passed 5-21-19; Am. Ord. 2022-O-097, passed 12-6-22)