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