HomeMy WebLinkAboutORDINANCE - 2428 - 5/9/1995 - HAZARDOUS MATERIAL INCIDENTS, REGULATINGORDINANCE NO. 2428
AN ORDINANCE AMENDING TITLE 5 OF THE VILLAGE CODE BY ADDING
THERETO A NEW CHAPTER REGULATING HAZARDOUS MATERIAL INCIDENTS
WHEREAS, emergency incidents involving hazardous material re-
leases are increasing at a rapid rate in the industrially active
region of Northern Illinois and the Village of Elk Grove Village;
and
WHEREAS, the response to these types of incidents is beyond
the ordinary duties and responsibilities of the departments or di-
visions of the Village such as the Fire Department, Police Depart-
ment and Public Works Department; and
WHEREAS, the supplies and equipment purchased and/or used
during hazardous material responses are a continuously increasing
expense for the Village; and
WHEREAS, it is necessary to assess responsibility and liabil-
ity for reimbursement to the Village for responding to hazardous
material incidents to various persons or companies involved in the
manufacturing, storage, use, handling, shipping, transportation
and distribution of said hazardous material irrespective of the
fault of any one party.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, Illinois as follows:
Section 1: That Title 5, Fire Protection and Prevention, of
the Village Code of the Village of Elk Grove Village be and the
same is hereby amended by adding thereto a new Chapter pertaining
to hazardous material regulations, which Chapter shall read as set
forth on Exhibit A attached hereto and incorporated herein.
Section 2: That any person, firm or corporation who violates
the provisions of this Ordinance shall be subject to such fines,
penalties and assessments as are established in Chapter 7 as herein
adopted.
Section 3: That the Village Clerk is hereby authorized to
publish this Ordinance in pamphlet form.
Section 4: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication ac-
cording to law.
PASSED
this
_9th
day
of
May
1995.
APPROVED
this
9th
day
of
May
, 1995.
VOTE: AYES: 6
ATTEST:
Patricia S. Smith
VILLAGE CLERK
NAYS: 0
APPROVED:
ABSENT: 0
Dennis J. Gallitano
VILLAGE PRESIDENT
PUBLISHED this 15th day of May , 1995 in pamphlet form.
dAS
EXHIBIT A
CHAPTER 7
HAZARDOUS MATERIAL REGULATIONS
SECTION:
5-7-1: Hazardous Material Releases Prohibited
5-7-2: Definitions
5-7-3: Hazardous Material Responses - Cost Reimbursement
5-7-4: Due Date of Cost Reimbursement
5-7-5: Additional Remedies
5-7-6: Penalty
5-7-1: HAZARDOUS MATERIALS RELEASES PROHIBITED: It shall be
unlawful for any person, firm or corporation to release
or cause to be released, burn or cause to be burned, emit, spill,
or leak any material which constitutes a hazardous materials in-
cident, as defined herein.
5-7-2: DEFINITIONS:
A. Hazardous Materials Incident: The leakage, release, seep-
age or emission of any substance or material, which, due
to its form, concentration, quantity, location or other
characteristics is determined by the Fire Chief or his
duly authorized representative, based upon a reasonable
degree of scientific certainty, to pose an unreasonable
and inordinate risk to the life, health or safety of per-
sons or property or to the ecological balance of the en-
vironment. This includes but is not limited to, explo-
sives, reactive, flammable and combustible liquids, com-
pressed gases, flammable and water reactive solids, oxi-
dizers and peroxides, poisons, radioactive materials,
corrosives, wastes or otherwise regulated materials, or
any substance determined to be dangerous, hazardous or
toxic under any federal or state law, statute or regula-
tion.
B. Expenses to the village: All costs and expenses of the
Village incurred in the response to and clean up or abate-
ment of hazardous material releases or the extinguishing
of a fire involving hazardous materials including but
not limited to the following: actual labor costs of Vil-
lage personnel involved in the clean up or abatement of
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a hazardous material incident including workers' compen-
sation benefits, fringe benefit and administrative over-
head or any other medical expenses, immediate or long
term, of personnel exposed to the hazardous material,
cost of equipment operation, maintenance, repair or re-
placement; all costs of material directly ordered by the
Village involving hazardous material abatement; the cost
of any labor and materials expended through the retention
of other parties or entities to assist in the clean up
and abatement, repair, mitigation or remediation of a
hazardous material incident or response thereto includ-
ing costs incurred by other municipalities or agencies
who respond to the hazardous materials incidents through
Mutual Aid and Automatic Aid Agreements.
C. Village: Any department or division of the Village of
Elk Grove Village.
5-7-3 HAZARDOUS MATERIAL RESPONSES - COST REIMBURSEMENT: The
person, firm or corporation in immediate control or pos-
session of hazardous materials at a hazardous materials incident,
shall be responsible for reimbursement to the Village for all ex-
penses, as defined herein, incurred by the Village, including the
response to and handling or clean up of any hazardous materials.
In addition there shall be joint and several liability and respon-
sibility for reimbursement to the Village, including but not li-
mited to, the person or companies in immediate control of the ha-
zardous materials, the shipper, the manufacturer, the distributor,
the transporter of the materials involved, or such other third
parties who have caused or contributed to the release of said ha-
zardous materials. The fault of the entity in immediate control
or possession shall not be an issue in the attachment of this lia-
bility or responsibility. For the purpose of this Section, the
repair shall mean, without exception, the return of the property
to the condition that existed immediately prior to the incident.
5-7-4: DUE DATE OF COST REIMBURSEMENT: All costs reimbursements
will be invoiced by the Finance Department of the Village
and shall be payable within thirty (30) days of receipt of invoice.
Accounts which exceed the thirty (30) day limit may have interest
charges imposed at a rate to be approved by the President and Board
of Trustees of the Village.
5-7-5: ADDITIONAL REMEDIES: Nothing in this Chapter shall be
deemed to relieve any party from any other obligation
or responsibilities that it might otherwise have under law to any
other agency or party.
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5-7-6: PENALTY: Any person, firm or corporation who violates
the provisions of this Chapter shall be subject to a fine
of not less than Fifty ($50.00) Dollars nor more than Five Hundred
($500.00) Dollars for each offense plus all costs and expenses in-
volved or incurred by the Village in abating the consequences of
such offense.
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