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HomeMy WebLinkAboutG13-92 t Ordinance No. G13-92 AN ORDINANCE ADDING CHAPTER 9 .41 TO THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HAZARDOUS SUBSTANCE CONTROL AND HAZARDOUS MATERIAL INCIDENT EXPENSE RECOVERY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Title 9 entitled "Health and Safety" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Chapter 9 . 41 entitled "Hazardous Substance Control and Hazardous Material Incident Expense Recovery" to read as follows : Chapter 9 .41 HAZARDOUS SUBSTANCE CONTROL AND HAZARDOUS MATERIAL INCIDENT EXPENSE RECOVERY 9 .41 . 010 Definitions A. "Hazardous substance" or "Hazardous material" - means any substance, material or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, radioactive, flammable, combustible, or which generates pressure through decomposition, heat or other means and which may cause injury or illness to humans, domestic livestock or wildlife, or as defined by the Illinois Environmental Protection Act or any federal law. B. "Hazardous Materials Incident" - means an incident which threatens public health or safety involving the actual or potential release of a hazardous substance or hazardous material . C. "Toxic" - means any substance (other than a radioactive substance) which has the capacity to do bodily injury to man through ingestion, inhalation or absorption through any body surface. D. "Corrosive" - means any substance which in contact with living tissue causes destruction of tissue by chemical action, or any substance which in contact with steel causes destruction of steel by chemical action. E. "Irritant" - means any substance, not corrosive, which on immediate contact with normal living tissue will induce local inflammatory reaction. F. "Strong sensitizer" - means any substance which will cause on normal living tissue through an allergenic or photodynamic process, a hypersensitivity which becomes evident on reapplication of the same substance. G. "Radioactive" - means any substance which emits ionizing radiation. H. "Flammable" - means any substance which has a flash point less than 100 degrees Fahrenheit as determined by methods applicable to such materials and adopted by the American Society for Testing Materials . I . "Combustible liquid" - Means any substance which has a flash point at or above 100 degrees Fahrenheit as determined by methods applicable to such materials and adopted by the American Society for Testing Materials, and has a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM D 5 . J. "Person" - shall mean any individual, partnership, corporation, trust, firm, company, estate, association or other legal entity. K. "Permitting" - shall mean expressly or implicitly giving opportunity. 9 .41 . 020 Control of hazardous substances or hazardous materials A. It shall be unlawful for any person to use, store, deliver or transport hazardous substances or hazardous materials or cause the use, storage, delivery or transporting of hazardous substances or hazardous materials in any manner inconsistent with the requirements of the Fire Prevention Code of the City of Elgin or any other applicable City ordinance, state law or federal law. B. It shall be unlawful for any motor vehicle carrying, transporting or containing a hazardous substance or hazardous material to park or stand, other than temporarily for the purpose of and while actually engaging in loading or unloading, on private or public property without the knowledge and eft. express consent of the person who is in charge of the property and who is aware of the nature of the J hazardous substance or hazardous material the motor vehicle contains . C. It shall be unlawful for any motor vehicle carrying, transporting or containing a hazardous substance or hazardous material to fail to comply with all applicable provisions of Title 11 of the Elgin Municipal Code relating to traffic. D. It shall be unlawful for any person using, storing, manufacturing, producing, disposing, treating, transporting or causing the use storage, manufacture, production, disposal, treatment or transportation of any hazardous substance or hazardous material in any manner which results in a hazardous materials incident. 9 .41 . 030 Hazardous materials incident expense recovery A. Any person causing or permitting a hazardous material incident shall be liable for all of the following: 1 . Reimbursement in full for any and all elk costs incurred by the City of Elgin in connection with the operation, maintenance and staffing required to respond to such hazardous materials incident at the rate of $100 . 00 per hour per vehicle (or any fraction of an hour) and the hourly rate of pay, including overhead costs, for each employee who participates in such response to a hazardous materials incident. 2 . Reimbursement in full for any and all costs incurred by the City of Elgin for equipment and materials used, damaged, lost, spent, destroyed or rendered irreparable in connection with a hazardous materials incident. 3 . Costs attendant with any cleanup or removal resulting from a hazardous materials incident, including but not limited to, any independent contractor fees and costs necessitated by such hazardous materials incident, attorney' s fees and costs, medical liability or damages resulting in the city's response to a hazardous materials incident. B. The City of Elgin shall prepare and forward to the person or persons causing or permitting a hazardous materials incident a bill for the total costs and expenses incurred for which such person or persons are responsible pursuant to this Chapter; provided, however, any cost in connection with any independent cleanup contractor shall be billed directly by such contractor. Payment of the total bill shall be made within thirty ( 30) days of receipt. Any bill or portion of a bill remaining unpaid after thirty (30) days of receipt shall accrue interest on the unpaid balance at a rate of 1 1/2% per month, or fraction of a month. 9 .41 . 040 City liability The City of Elgin, its officers, agents or employees shall not incur any liability for any claim, injury or damage of any kind resulting from a hazardous materials incident to which the city or any of its departments, officers, agents or employees respond. Section 2 . That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 3 . That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. Georg', anDeVoorde, Mayor Presented: March 11, 1992 Passed: March 11, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Published: Attest: .I' (�Cc�t, Dolonna Mecum, City Clerk r