HomeMy WebLinkAboutOrd 6080 06/18/2013 Amending Chapter 23 "Offenses and Miscellaneous Regulations" - Hazardous MaterialsORDINANCE NO. 6080
AN ORDINANCE AMENDING CHAPTER 23
"OFFENSES AND MISCELLANEOUS REGULATIONS"
OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1: Sections 23.2001 through 23.2007 of Article XX "Hazardous Materials
Regulations" of Chapter 23 "Offenses and Miscellaneous Regulations" of the Mount Prospect
Village Code shall be deleted in their entirety and inserting in lieu thereof the following new
Sections 23.2001 through 23.2006 as follows:
ARTICLE XX
HAZARDOUS MATERIALS REGULATIONS
23.2001: SPILLS PROHIBITED
It shall be unlawful, whether intentional or unintentional, for any person, firm or
corporation to release, emit, spill or leak any Hazardous Material(s) in the Village.
23.2002: DEFINITIONS
For the purpose of this chapter, these words and phrases shall have the following
meanings:
EXPENSES TO THE VILLAGE: All costs and expenses of the Village incurred in
the clean up or abatement of Hazardous Material(s) or the extinguishing of a fire
involving Hazardous Material(s). This shall include the following: (1) actual labor
costs of Village personnel involved in the clean up or abatement of the
discharge(s) or fire including workers' compensation benefits, fringe benefit and
administrative overhead; (2) any medical expenses; immediate or long term, of
personnel exposed to the Hazardous Material(s); (3) cost of equipment
operation; (4) municipal damage or loss as determined by the Village; (5) cost of
materials; (6) repair; (7) cost of any labor and material(s) expended through the
retention of other parties to assist in clean up, abatement and /or repair of the
property in the area of the incident; and (8) all other expenses reasonably
incidental to the Hazardous Material(s) Incident. For the purpose of this Article
XX, "repair" shall mean, without exception, the return of the property to the
condition that existed immediately prior to the incident.
HAZARDOUS MATERIAL(S): Hazardous Material(s) shall include, but not be
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
309435_1
substance determined to be hazardous or toxic under any federal or state law,
statute or regulation.
HAZARDOUS MATERIAL(S) INCIDENT: The leakage, release, seepage or
emission of any Hazardous Material(s) which, due to its quantity, form
concentration, location or other characteristics, is determined by the fire chief or
his or her authorized representative, based upon a reasonable degree of
scientific certainty, or the opinion of the manufacturer, to pose a risk to the life,
health or safety of persons, property or the environment. The abandonment of
barrels, tanks or other containers, containing a hazardous material shall be
considered a hazardous material incident.
VILLAGE: Any department or division of the Village of Mount Prospect.
23.2003: HAZARDOUS MATERIAL RESPONSE; COST OF
REIMBURSEMENT; FAULT
The person or companies in immediate control or possession of the Hazardous
Material(s) at a Hazardous Material(s) Incident shall be responsible for
reimbursement to the Village for all Expenses to the Village. There shall be joint
and several liability for reimbursement among the person(s) or entities in
immediate control of the Hazardous Material(s), the shipper, the manufacturer,
the distributor, the transporter of the Hazardous Material(s) and /or third parties
having caused or contributed to the cause of the release of the Hazardous
Material(s). The fault of the entity in immediate control or possession shall not be
an issue in the attachment of this liability.
23.2004: DISTRIBUTION OF REIMBURSED COSTS; REPLACEMENT
OF MATERIAL(S) AND /OR OTHER EXPENSES
The reimbursement funds may be, but not by way of limitation, used as follows:
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, absorbents, 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.
23.2005: NOT A LIMITATION OF REMEDIES
Nothing in this Article shall be deemed to relieve any party from any other
obligation or responsibilities that it might otherwise have to any other agency or
party.
23.2006: PENALTY
Any person or entity who violates any provision of this Article shall, upon a
finding of guilty, be fined as set forth in Appendix A, Division III of this Code, plus
all costs and expenses involved in litigation for each offense. This fine shall be in
addition to the reimbursement of Expenses to the Village.
309435_1
SECTION 2: Section 23.2007 entitled "Penalty" of Chapter 23, Article XX of Appendix
A, Division III of the Mount Prospect Village Code shall be amended to read "Section 23.2006:
Penalty."
SECTION 3: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES: Hoefert, Korn, Matuszak, Polit, Rogers, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 18 day of June, 2013
Arlene A. Jurac
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
309435_1