G13-92 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
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