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§ 45.02 DEFINITIONS.
   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)
§ 45.03 EMERGENCY INCIDENT RESPONSE AND HAZARDOUS MATERIALS OR HAZARDOUS SUBSTANCE INCIDENCE EXPENSE RECOVERY.
   (A)   Notwithstanding any other provision or rule of law, the following responsible party shall be jointly and severally liable for all costs associated with an emergency incident, including 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, including any vehicle or vessel utilizing air, water, or rail for transportation, from which there is an emergency incident or a release or substantial threat of release of a hazardous material;
      (2)   Any person who, at the time of an emergency incident or the 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 release of such hazardous substances; and
      (5)   Any person who by an intentional or non-intentional negligent act causes an emergency incident or the release or substantial threat of release of such hazardous materials.
   (B)   The village shall prepare and forward to the responsible party or parties in an emergency incident or the hazardous material incident a bill for the total costs and expenses incurred for which said responsible party or parties are responsible pursuant to this chapter; provided, however, any costs in connection with any independent cleanup contractor shall be billed directly by such contractor. Payment of the total bill shall be made within 60 days of receipt. Any bill or portion of a bill remaining unpaid after 60 days of receipt shall accrue interest on the unpaid balance of 1.5% per month, or the maximum legal rate, whichever is lower.
(Ord. 2019-O-019, passed 5-21-19; Am. Ord. 2022-O-097, passed 12-6-22)
§ 45.04 LIMITATION OF LIABILITY.
   The village, its agents, its officers, and employees shall not have any liability or responsibility for any claim, injury, or damage of any kind resulting from an emergency incident or the hazardous material incident to which the village or any of its department officers, agents, or employees respond.
(Ord. 2019-O-019, passed 5-21-19; Am. Ord. 2022-O-097, passed 12-6-22)
§ 45.05 PROHIBITED ACTS.
   No person shall cause, threatened, or allow the release of hazardous materials into the environment unless such release is in accordance with an appropriate permit granted by the Illinois Environment Protection Agency or other state or federal agency having primary jurisdiction over the release, and such release is in such place and manner as will not create a substantial present or potential hazard to human health, property, or the environment.
   The law enforcement officials shall enforce the rules and regulations issued under this chapter.
(Ord. 2019-O-019, passed 5-21-19)
§ 45.06 RESPONSE AUTHORITY.
   (A)   The Fire Administrator 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 the public water supply, wells, or sewage treatment works located within district. This authority including, but is not limited to, remedial action and removal.
   (B)   The Fire Administrator shall have primary authority to respond to any release or threatened release of hazardous materials as described. The Fire Administrator shall report any release or threatened release of hazardous materials to all appropriate federal, state, and local public health, safety, and emergency agencies within 24 hours of any substantial release of hazardous material. The Fire Administrator shall relinquish his or her response authority at such time, if any, as the federal, state, or local public health, safety, or emergency agency having primary jurisdiction over the release or threatened release has assumed responsibility for response to the release or threatened release.
   (C)   The Fire Administrator, during such time as response authority is vested in him or her, shall be authorized to utilize all village personnel and equipment and he or she may, in his or her sole discretion, take such remedial or removal action as he or she may deem necessary or appropriate to respond to the release or threatened release of hazardous material including the use of material and in accordance with any mutual aid box alarm system (“MABAS”) agreement.
   (D)   All responding personnel shall cooperate with, and operate under, the direction of the Fire Administrator or other persons he or she designates when exercising response authority under this chapter until such time as the person exercising such response authority has determined that the response is complete or responsibility is assumed by the federal, state, or local emergency response agency having primary jurisdiction over the released or threatened release.
   (E)   The person exercising response authority under this chapter shall coordinate and/or cooperate with other federal, state, or local emergency response agencies involved in response to the release or threatened release of hazardous materials.
   (F)   The responding law enforcement officials shall be primarily responsible for the removal of any material not considered a hazardous material, but which remains hazardous or imminently dangerous to the public including, but not limited to, narcotics, cadavers, and an excessive accumulation of litter, clutter, or debris.
(Ord. 2019-O-019, passed 5-21-19)
§ 45.07 LIABILITY FOR FEES; COSTS; PENALTIES.
   (A)   A responsible party shall be jointly and severally liable for any fee, costs, or penalties described herein.
   (B)   These fees shall be binding upon all persons receiving such services as well as their successors in interest, assigns, estates and heirs.
   (C)   When emergency incidents, hazardous material activities, or any other emergency service are rendered by the village to residents of the village, such persons shall not be billed for the remaining charges which may exist once final payment has been received from all insurance providers of the resident.
   (D)   When emergency incidents, hazardous material activities, or any other emergency services are rendered by the village to non-residents, such persons shall be billed for the remaining charges which may exist once final payment has been received from all insurance providers of the non-resident. Unpaid balances shall be assigned to a debt-collection agency of the village’s choice.
   (E)   The above-referenced emergency incidents, hazardous material activities, or any other emergency service fees shall be assessed pursuant to Appendix A “Mitigation Rates Based on Per Hour” set forth at the end of this chapter.
   (F)   The ambulance, hazardous material activities, or any other emergency service fees herein shall be increased from time to time without further action of the corporate authorities in accordance with the rates as approved by the Fire Department, with reference to the amounts set by the village’s cost recovery company or similar agency.
   (G)   Any person violating any provision of this chapter shall be fined $200, for each offense, which fine shall be payable in addition to the fee otherwise due and owing to the village.
   (H)   All fees assessed and collected under this chapter shall be deposited into the village’s general fund.
(Ord. 2019-O-019, passed 5-21-19; Am. Ord. 2022-O-097, passed 12-6-22)
§ 45.08 DUTY TO REIMBURSE.
   (A)   It shall be unlawful for any responsible party to fail to reimburse the village, within 60 days after the mailing of a bill for the hazardous material emergency incident, the costs incurred by the village and any private contractor responding to the incident at the request of the village. The amount of the hazardous material emergency reimbursement fee shall be calculated in a manner provided in § 45.09 of this chapter.
   (B)   The failure to pay any debt due to the village as imposed pursuant to this chapter, after the period granted for payment has expired by any person liable for such debt, shall constitute a violation of this chapter. Judgment shall be entered against any person who violates this section in the amount of the debt remaining unpaid on the date the judgment is entered plus litigation and collection costs, attorney’s fees and an amount representing all fines and penalties assessed pursuant to this chapter. An administrative penalty of 75% of the amount of debt remaining unpaid on the date the judgment is entered shall be assessed for each month or portion thereof in which the debt remained unpaid.
   (C)   Nothing in this section shall preclude the village from seeking to collect any debt due the village provided in Chapter 42 of this code, or through the use of any other administrative procedure or court proceeding authorized by law.
(Ord. 2019-O-019, passed 5-21-19)
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