O-18-07 02/26/2007VILLAGE OF LEMONT
ORDINANCE 9 /g 77
ORDINANCE REGULATING HAZARDOUS SUBSTANCE CONTROL
AND HAZARDOUS MATERIALS INCIDENT EXPENSE RECOVERY
IN THE VILLAGE OF LEMONT, COOK, WILL & DU PAGE COUNTIES, IL
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 26TH day of February , 2007
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will, and
DuPage, Illinois this 26th day
of February ,2007
ORDINANCE 0 - (ff • o
AN ORDINANCE REGULATING HAZARDOUS SUBSTANCE CONTROL
AND HAZARDOUS MATERIALS INCIDENT EXPENSE RECOVERY
IN THE VILLAGE OF LEMONT, COOK, WILL & DU PAGE COUNTIES, ILLINOIS
WHEREAS, the Village of Lemont and its departments are frequently required to
respond to emergency situations involving potentially hazardous materials within the Village;
and,
WHEREAS, the Village is at risk of a hazardous material incident due to the number of
commercial and industrial entities within the Village, as well as the movement of hazardous
materials through the Village by road, rail and air; and,
WHEREAS, the Village Board of Trustees feels that a proactive position on the handling
of hazardous materials is necessary for proper emergency preparedness; and,
WHEREAS, the investigation or mitigation of a potentially hazardous material incident
may require the skills and resources of one or more third parties not affiliated with the Village
and require employment of outside specialists; and,
WHEREAS, unforeseen costs may be generated and attributed to the administration of
emergency relief in response to a potentially hazardous material incident; and,
WHEREAS, the Village of Lemont Board of Trustees has determined that the recipients
of aid, emergency relief or emergency services should be assessed for these extraordinary costs
incurred by the Village, and the cost to third parties for services rendered in assisting in the
investigation or mitigation of the incident involving potentially hazardous materials, or for
replenishing supplies and equipment that might become damaged or in need of replacement as a
result of their usage during an incident involving potentially hazardous materials; and,
WHEREAS, other adjacent and nearby Counties and Municipalities have enacted similar
"Spiller Pay" ordinances, and it is desirable to have substantially similar policies on this subject
to encourage mutual aid and coordination between responding agencies; and,
WHEREAS, the Lemont Village Board of Trustees has statutory authority, 430 ILCS
55/1 et seq. subject to the provisions herein contained, that reimbursement for these expenses
described above or by direct recipients of the benefit is appropriate and that reimbursement for
extraordinary expenses incurred are in the best interest of the Village as well as the health,
welfare and safety of its residents.
NOW, THEREFORE, BE IT HEREBY ORDAINED by the Lemont Village Board
of Trustees as follows:
SECTION 1: General State of Liability for Payment of Expenses.
The recipients, benefactors, administrators, personal representatives, executors, successors, heirs
or assigns thereof ( "persons "), who are determined by either the Chief of Police or the Director
of the Lemont Emergency Management Agency to be recipients of emergency assistance or
emergency services as a result of an incident involving known or potentially hazardous materials
shall reimburse the Village for any extraordinary expenses or supplies and equipment expended
as a result of services or assistance provided. In addition, the parties set forth above shall
reimburse any third parties for services rendered or supplies and equipment expended as a result
of their involvement in the incident.
SECTION 2: Definitions of Hazardous Material.
A "Hazardous Material" is hereby defined as: 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, which may cause injury
or illness to humans, domestic livestock or wildlife, or other material defined as hazardous by the
Illinois Environmental Protection Act or any State or Federal law.
SECTION 3: Hazardous Materials Incident Expense Recovery.
3.1 A person causing or permitting a hazardous materials incident shall be responsible jointly or
severally, for all of the following:
3.1.1 Reimbursement in full for any and all costs incurred by the Village in responding to
such hazardous materials incidents at the rate of $150.00 per o , ur per vehicle (or any
fraction of an hour) and the hourly pay, including overhead and the prorated cost ei
of employee benefits for each employee who participates in such response to a
hazardous materials incident, and administrative expenses.
3.1.2 Reimbursement in full for any and all costs incurred by the Village for equipment and
materials damaged, lost, spent, destroyed or rendered irreparable in connection with a
hazardous materials incident, including costs of time of employees spent in replacing
said equipment and materials.
3.1.3 Reimbursement of and full liability for any and all costs of cleanup and removal
resulting from a hazardous material incident, including but not limited to, expenses
charged by any third party as defined in Section 4 hereof, which may be necessitated
by such hazardous materials incident.
3.1.4 Reimbursement shall include, but is not limited to, the cost of all related medical
monitoring or medical treatment of any representatives, who as a part of their
association with the incident, may have come in contact with known or potentially
hazardous materials, fire fighting, emergency rescue, emergency medical, hazardous
materials response, civil defense, technical rescue and /or police.
3.2 The Village 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 said
person or persons are responsible pursuant to this section; provided, however, any costs in
connection with any third party may be billed directly by such third party. The Village
shall have the right to pursue any and all remedies as may be provided by law for the
recovery of monies payable to the Village. Payment of the total bill shall be made within
sixty (60) days of receipt. Any bill or portion of a bill remaining unpaid after sixty (60)
days of receipt shall accrue interest on the unpaid balance at the rate of five percent (5 %)
per month, or fraction of a month.
SECTION 4: Definition of a Third Party.
As used herein the term "third party" shall mean any person, persons, company, corporation or
business entity specifically brought in to investigate or mitigate an incident. Such persons shall
not be or included employees or officers of the Village.
SECTION 5: Limitations of Liability.
The Village of Lemont, its agents, its officers or employees shall have no liability or
responsibility for any claim, injury or damage of any kind resulting from a potentially hazardous
materials incident to which the Village or any of its departments, officers, agents or employees
respond.
SECTION 6: Severability: That each section and part hereof of this ordinance is deemed to be
severable and should any section or part hereof be held invalid or unconstitutional by any court of
competent jurisdiction, such ruling shall not affect the validity of constitutionality of the remaining
portion(s) of this ordinance.
SECTION 7: Repeal of Inconsistent Ordinances: That all ordinances or parts thereof in conflict
with the terms of this ordinance are hereby repealed and of no further force and effect to the extent
of any such conflict.
SECTION 8: Publication: That the Village Clerk is hereby directed to publish this ordinance in
pamphlet form.
SECTION 9: Effective Date: That this ordinance shall be in full force and effect after its passage,
approval and publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES
ILLINOIS on this 2.04^ Day of .F%c�,Yt/(j. v , 2007
Debby Blatzer
Peter Coules
Brian Reaves
Cliff Miklos
Ronald Stapleton
Jeanette Virgilio
Atte
AYES NAY PASSED ABSENT
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JOHN F. ' AZZA, Village President
CHARLENE SMOLLEN, Village Clerk