HomeMy WebLinkAboutOrdinance # 1835.~.' . ~
ORDINANCE NO. 185
AN ORDINANCE AMENDING 5-10-13 AND ADDING 5-10-19 OF THE CANTON
MUNICIPAL CODE RELATING TO HAZARDOUS MATERIALS.
WHEREAS, the Legal and Ordinance Committee has determined that it is
necessary and in the best interest of the City of Canton to amend 5-10-13 of the Canton
Municipal Code; and,
WHEREAS, the Legal and Ordinance Committee has determined that it is
necessary and in the best interest of the City of Canton to add 5-10-19 to the Canton
Municipal Code; and,
WHEREAS, the Canton City Council has made a similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CANTON, Fulton County, Illinois, as follows:
1. That the foregoing recitals are hereby found to be fact.
2. That accordingly, Titles 5-10-13 of the Canton Municipal Code is hereby
amended to read as follows:
"5-10-13: DISPOSAL; LIABILITY FOR ABATEMENT OF NUISANCE: Any
person who engages in the unlawful disposal of hazardous materials shall
be liable to the City for any and all expenses incurred by the City of
Canton in connection with the cleaning up and lawfully disposing of said
materials.
5-10-13.1 EXPENSES TO THE CITY shall mean all costs and expenses to the city
incurred in the cleanup or abatement of hazardous materials or the
extinguishing of a fire involving hazardous material, and shall include
without limitation the following:
1. Actual labor costs of city personnel involved in the cleanup or
abatement of the discharge (s) including, without limitation, worker's
compensation benefits, fringe benefit and administrative overhead or
any other medical expenses, immediate or long-term, or personnel
exposed to the hazardous materials;
2. Cost of equipment operation, damage or loss as established by the
city;
3. Cost of material ordered directly by the city;
4. The cost of any labor or material(s) expended through the retention of
other parties to assist in cleanup or abatement and the repair of the
property in the area of the incident."
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3. That accordingly, Titles 5-10-19 of the Canton Municipal Code is hereby
added to read as follows:
"5-10-19: 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. It shall also be unlawful to create or permit
any situation which constitutes a hazardous material incident.
5-10-19.1 DEFINITIONS: For the purpose of this section, the following definitions
apply:
CITY shall mean any department or division of the city.
EXPENSES TO THE CITY shall mean all costs and expenses to the city
incurred in the cleanup or abatement of hazardous materials or the
extinguishing of a fire involving hazardous material, and shall include
without limitation the following:
1. Actual labor costs of city personnel involved in the cleanup or
abatement of the discharge (s) including, without limitation, worker's
compensation benefits, fringe benefit and administrative overhead or
any other medical expenses, immediate or long-term, or personnel
exposed to the hazardous materials;
2. Cost of equipment operation, damage or loss as established by the city;
3. Cost of material ordered directly by the city;
4. The cost of any labor or material(s) expended through the retention of
other parties to assist in cleanup or abatement and the repair of the
property in the area of the incident.
HAZARDOUS MATERIALS INCIDENT shall mean the leakage, release,
seepage, or other 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 to be a
hazardous waste, 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 without limitation 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, toxic or
a special waste under any federal or state law, statute or regulation.
HAZARDOUS WASTE shall mean 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 to be a
hazardous waste, based upon a reasonable degree of scientific certainty, to
pose an unreasonable and inordinate risk to the life, health or safety of
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persons or property or to the ecologic balance or the environment,
including without limitation 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, toxic or
a special waste under any federal or state law, statute or regulation.
5-10-19-2: HAZARDOUS MATERIAL RESPONSES; COST REIMBURSMENT;
EXPENSE REIMBURSEMENT TO THE CITY OF CANTON: The
person in immediate control or possession of the hazardous material(s) at a
hazardous materials incident, to which a department or division of the city
has responded, shall be responsible for reimbursement to the city for all
expenses incurred by the city related in any way to the response, the
handling or the cleanup of the material(s). There shall be joint and several
liability for reimbursement including but not limited to the person(s) or
entities 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).
5-10-19.3: 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 city or its agent in the
abatement, cleanup or repair. The fault of the entity in immediate control
or possession shall not be an issue in the attachment of any liability
created by, arising out of, or related to this section. For the purpose of this
section, repair shall mean, without exception, the return of the property to
the condition that existed immediately prior to the incident.
5-10-19.4: DISTRIBUTION OF REIMBURSED COSTS; REPLACEMENT OF
MATERIAL(S) AND/OR OTHER EXPENSES: Any reimbursement
funds generated pursuant to this section, or otherwise, may be used to
replenish the supplies used by the city at the scene of the hazardous
material(s) incident. Such supplies may include, without limitation,
protective clothing, absorbents, neutralizing chemicals, detection
monitoring equipment, firefighting foams and chemicals, overtime
personnel expenses, laboratory analysis, medical treatment, immediate and
long-term, or exposed or injured personnel, or equipment or supplies
damaged or destroyed by exposure to the hazardous material(s) at the
incident.
5-10-19.5: REGULATION OR REMEDIES: Nothing in this Section shall be
deemed to relieve any party from any other obligation or responsibilities
that it might otherwise have under law to any person or other agency."
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3. That this Ordinance shall become effective immediately upon its passage by
the City Council of the City of Canton, Fulton County, Illinois, and approval
by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a
regular meeting this 3rd day of May , 2005, upon a roll call vote as
follows:
AYES: Aidennen ~~~~ Aleck Harn, Carl, Hartford, Reed, West,
NAYS: None
ABSENT: Aldextnari Fillingham,
APPROVED:
Jerry M. Bohler, Mayor
ATTEST:
Nancy Whit ,City Clerk