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HomeMy WebLinkAboutOrd 4068 07/05/1989ORDINANCE NO. 4069 AN ORDINANCE AMENDING C~APTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT CREATING ARTICLE XX ENTITLED "HAZARDOUS MATERIALS, P~SPONSES AND CLEAN-UP LIABILITIES" PASSED ANDAPPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the ~th day of July , 1989 Published in pamphlet form by authority of the corporate authorities of the V~llage of Mount Prospect, Ill~nois, the 6th day of July , 1989. ORDINANCE NO. 4068 AN ORDINANCE AMENDING CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT CREATING ARTICLE XX ENTITLED "HAZARDOUS MATERIALS, RESPONSES AND CLEAN-UP LIABILITIES" WHEREAS, incidents involving hazardous materials are increasing at a rapid rate in the chemically active region of Northern Illinois, and the Village of Mount Prospect; and WHEREAS, the handling of these types of incidents is outside the ordinary duties and responsibilities of Departments or Divisions of the Village such as the Fire Department, Police Department, and Public Works Department; and WHEREAS, the supplies and equipment used during hazardous materials responses are a continuously increasing expense for the Village; and WHEREAS, the supplies and protective equipment needed for hazardous materials responses are often specialized and very expensive and in sSme instances the materials must be replaced after only a few, or a single, incident, depending upon the amount of exposure or the nature of the material(s) involved; and WHEREAS, personnel over and above the normal staffing requirements are often needed to assist in the handling of a hazardous materials incident, including those required to man reserve equipment or to stand by for responses that may require emergency personnel in other areas of the Village; and WHEREAS, property and environmental decontamination and/or clean- up costs at hazardous materials incidents can cost millions of dollars in certain cases; and WHEREAS, the Village of Mount Prospect may authorize its personnel to respond to neighboring communities through existing Mutual Aid Agreements and these communities may not have "spiller pays" legislation for reimbursement of expenses incurred; and WHEREAS, neighboring communities do respond to the Village through existing Mutual Aid Agreements and are requesting reimbursement for their expenses incurred; and WHEREAS, with respect to the liability for reimbursement for a hazardous material(s) incident the responsibilities may be assessed from, but not limited to the person or company in immediate control or possession of the hazardous material(s), the shipper, the transporter or agent, the consignee, the manufacturer, the distributor, and/or companies or contractors as third parties or those said to have caused the release of the material(s). NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 23 entitled "Offenses and Miscellaneous Regulations" of the Village Code of the Village of Mount Prospect, as amended, is hereby further amended by adding thereto a new Article to be known as Article XX; so that hereinafter said Article XX of Chapter 23 shall be and read as follows: " ARTICLE XX HAZARDOUS MATERIALS REGULATIONS Sec. 23.2001. Spills Prohibited. It shall be unlawful, whether intentional or unintentional, for any person, firm or corporation release, emit, spill, or leak any material which constitutes a hazardous material incident. Sec. 23.2002. Definitions. For the purpose of this Article, the following words and terms shall have the following meanings: HAZARDOUS MATERIAL(S) INCIDENT: The leakage, release, seepage, or emission of any substance or material which, due to its quantity, form concentration, location or other characteristics, is determined by the Fire Chief or his authorized representative, based upon a reasonable degree of scientific certainty, to pose an unreasonable and inordinate risk to the life, health or safety of persons or property or to the ecological balance or the environment, including but not limited to, explosives, compressed gases, flammable and combustible liquids, flammable and water reactive solids, oxidizers and peroxides, poisons, radioactive materials, corrosives or otherwise regulated materials, or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation. EXPENSES TO THE VILLAGE: Ail costs and expenses of the Village incurred in the clean-up or abatement of hazardous materials or the extinguishing of a fire involving hazardous materials, and shall include but not limited to the follows: actual labor costs of Village personnel involved in the clean-up or abatement of the discharge(s) including Worker's Compensation benefits, fringe benefit and administrative overhead or any other medical expenses; immediate or long term, of personnel exposed to the hazardous material, cost of equipment operation, damage or loss as published and updated by the Village; cost of materials ordered directly by the Village; the cost of any labor and material(s) expended through the retention of other parties to assist in clean-up or abatement and the repair of the property in the area of the incident. VILLAGE: Any Department or Division of the Village of Mount Prospect. Sec. 23.2002. Hazardous Material Responses - Cost Reimbursement. Expense reimbursement to the Village: The person or companies in immediate control or possession of the hazardous material(s) at a hazardous materials incident, to which a Department or Division of the Village has responded, shall be responsible for reimbursement.to the Village for all expenses incurred by the Village related to the response, the handling or the clean-up of the material(s). There shall be joint and several liability for reimbursement including but not limited o, the person(s) or companies in immediate control of the hazardous material(s), the shipper, the manufacturer, the distributor, the transporter of the material(s) involved, or third parties having caused or contributed to the cause of the release of the hazardous material(s). Sec. 23.2003. Fault Not To Be Considered. The person or company in immediate control or possession of the hazardous material at a hazardous materials incident shall be liable for any other costs, fees or expenses of whatever kind or nature which are incurred by the Village or its agent in the abatement, clean up or repair. The fault of the entity in immediate control or possession shall not be an issue in the attachment of this liability. For the purpose of this Article, repair shall mean, without exception, the return of the property to the condition that existed immediately prior to the incident. Sec. 23.2004. Distribution of Reimbursed Costs - Replacement of Material(s) and/or Other Expenses. The reimbursement funds may be used to replenish the supplies used by the Village at the scene of the hazardous material(s) incident. Such supplies may include but shall not be limited to, protective clothing, absorbants, neutralizing chemicals, detection monitoring equipment, firefighting foams and chemicals, overtime personnel expenses, laboratory analysis, medical treatment, immediate and long term, of exposed or injured personnel, or equipment or supplies damaged or destroyed by exposure to the hazardous material(s) at the incident. Sec. 23.2005. Regulation or Remedies. Nothing in this Article XX 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. Sec. 23.2006. Penalty. Any person, firm or corporation who violates any provision of this Article shall, upon conviction thereof, be fined not less than Two Hundred Dollars ($200.00) nor more than Five Thousand Dollars ($5,000.00) plus all costs and expenses involved in litigation for each offense. " SECTION TWO: That this Ordinance shall be in full force and effect from and after is passage, approval and publication in pamphlet form in the manner provided by law. AYES: Busse~ Corcoran~ Floros~ Van Geem~ Watten~erg NAYS: None ABSENT: Arthur PASSED and APPROVED this 5th day of J.ul¥ , 1989 ATTEST. c~ Carol A. Fields Village Clerk