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HomeMy WebLinkAboutOrdinance #1187~.. r ORDINANCE NO. 1187 AN ORDINANCE ESTABLISHING TITLE 5, CHAPTER 9 OF THE CANTON MUNICIPAL CODE RELATING TO HAZARDOUS MATERIALS. WHEREAS, the Public Safety and Traffic Committee has determined that it is necessary and in the best interest of the City of Canton to establish hazardous material transportation routes within the City of Canton; 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 Canton City Council hereby finds the foregoing recitals to be fact. 2. That Title 5 of the Canton Municipal Code is hereby amended by adding thereto the following Chapter 9. "Chapter ~ '~ HAZARDOUS MATERIALS 5-9-1: PURPOSE OF DIVISION: The purpose of this division is to establish hazardous material transportation routes within the City of Canton which will enable those who transport hazardous materials to and from locations within the City of Canton to do so in compliance with the requirements of 49 CFR 397 as they may from time to time be amended which are hereby incorporated herein as if enacted by the City Council of Canton, Illinois. 5-9-2: DEFINITIONS. .~ (a) Hazardous materials. As used herein, the term "hazardous materials" shall mean a substance or material in a quantity and form which has been determined by the United States Department of Transportation to be capable of posing an unreasonable risk to health and safety or property when transported in commerce. (b> Hazardous materials placard. As used herein, the term "hazardous materials placard" shall mean the placard which a motor vehicle transporting hazardous materials is required to display under regulations enacted by either the United States or Illinois Department of Transportation pursuant to the Hazardous Materials Transportation Act, 49 USC 1801 et seq. (c) Primary hazardous materials route. As used herein, the phrase "primary hazardous materials route" shall mean when signs are posted giving notice thereof, the system of streets composed of the following: Street From State Rte 78 North Corporate Limits (Main St.) State Rte 9 West Corporate Limits (Locust St.) State Rte 9 Locust Street (Locust St; 5th Ave.; Linn St.) State Rte 78 State Rte 9 (Locust St.) To State Rte 9 (.Locust St. ) 5th Avenue SE Corporate Limits South Corporate Limits -2- (d) Hazardous materials access route. As used herein, the phrase "hazardous materials access route" shall mean any City street other than a State or Federal highway. However, vehicles transporting hazardous materials shall be permitted off State routes within the City only for the purpose of making local delivery and when such local delivery is made, said vehicle shall leave said State route to provide the shortest route from the State route to the point of local delivery, traveling, if possible, on hard surfaced streets, and shall return after making said local delivery by the same route to the State route. Notwithstanding anything hereinabove provided, vehicles may enter or leave the City on West Hickory Street but shall be required when entering the City on West Hickory Street to turn therefrom at its intersection with South Main Street and thence proceed south on South Main Street to East Linn Street and thence east on East Linn Street to its intersection with State routes at South Fifth Avenue; further, notwithstanding anything hereinabove provided, vehicles may enter or leave the City on West Vine Street between the City limits on the west and North Main Street on the east 5-9-3: GENERAL PROHIBITIONS: (a) Every person who uses, produces, or stores hazardous materials at a location within the City of Canton, shall request from the fire department a hazardous materials access route to and from such location. -3- (b) Every motor vehicle which displays or is required to display a hazardous materials placard, shall be operated within the City of Canton only on the primary hazardous material route or upon a hazardous material access route established pursuant to the provisions of this division. (c) Every operator of a motor vehicle which displays or is required to display a hazardous material placard, who does not know the primary hazardous material route of the City of Canton, or the hazardous material access route to and from the location in the city from which he is coming or to which he is destined, shall request directions concerning said routes from the Canton Fire Department, before operating said vehicle in the City of Canton. 5-9-4: EXCEPTIONS: The following types of vehicles are exempt from the provisions of this division: (1) Placarded vehicles making residential deliveries of home heating fuel. (2) Placarded vehicles making residential deliveries of medical supplies. (3) For purposes of picking up or delivering nonhazardous materials at a location within the City which is not required under the provisions of this division to request a hazardous materials access route, placarded vehicle may use the most direct route to and close as possible to said location on the primary hazardous materials transportation route or a hazardous materials access route assigned to a business in the vicinity of said location. -4- 5-9-5: PROCEDURE FOR BEING ASSIGNED A HAZARDOUS MATERIALS ACCESS ROUTE: Any person who uses, produces, or stores hazardous materials at a location within the city shall be assigned a hazardous materials transportation route after he has submitted a request for such a route to the City of Canton Fire Department on a form provided by the fire department. Upon receipt of such a request, the fire department shall assign to such person, a route which in the judgment of the fire department and all other interested departments, is consistent with and implements the purpose of this division. 5-10-5: PENALTIES FOR VIOLATING THE PROVISIONS OF THIS DIVISION: (a) Any person who uses, produces, or stores hazardous materials and who fails to request a hazardous materials access route, shall be deemed in violation of this chapter for each and every day after the effective date of this chapter during which such person was engaged in such use, production, or storage, until such time as he submits such a request to the fire department. Each day that such a person is deemed in violation of this division shall constitute a separate offense which upon conviction shall subject the person to a fine in conformity with Section 5-9-18 of this Chapter. (b) Any operator of a motor vehicle which is required to display a hazardous materials placard who violates any provision of this division while operating said vehicle without said placard -5- properly displayed, shall, upon conviction, be subject to a fine in conformity with Section 5-9-18 of this Chapter. 5-9-7: DISCHARGE EMERGENCIES - DEFINITIONS: Unless the context otherwise clearly requires, as used in this division discharge means leakage, seepage, or other release. Hazardous material means a substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to health and safety or property. Person means any natural person or individual, governmental body, firm, association, partnership, copatnership, joint venture, company, corporation, joint stock company, trust, estate, or any other legal entity, or their legal representative, agent, or assigns. 5-9-8: DECLARATION OF NUISANCE. The actual or threatened discharge of hazardous materials within the City of Canton is hereby declared a nuisance. 5-9-9: LIABILITY FOR ABATEMENT OF NUISANCE: Any person who owns, leases, operates, or controls any facility, equipment, or vehicles fry hazardous materials has occurred or be liable to the City of Canton for city in connection with preventing, attempting to prevent, clean up, or or threatened discharge. ~m which a discharge of is threatened to occur, shall any expenses incurred by the cleaning up, or disposing of or dispose of any such discharge -6- 5-9-10: DISPOSAL - DEFINITIONS: Unless the context otherwise clearly requires, as used in this division. Hazardous material means a substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to the health and safety or property. Person means any natural person or individual, governmental body, firm, association, partnership, copatnership, joint venture, company, corporation, joint stock company, trust, estate, or any other legal entity, or their legal representative, agent, or assigns. 5-9-11: Prohibition: It shall be unlawful for any person to dispose of hazardous materials within the City of Canton, unless such disposal is conducted in accordance with applicable state and federal rules and regulations pertaining to the disposal of such materials. 5-9-12: DECLARATION OF NUISANCE: The unlawful disposal of hazardous materials within the City of Canton is hereby declared a nuisance. 5-9-13: LIABILITY FOR ABATEMENT OF NUISANCE: Any person who engages in the unlawful disposal of hazardous materials shall be liable to the City of Canton for any and all expenses incurred by the City of Canton in connection with cleaning up and lawfully disposing of said materials. -7- 5-9-14: PENALTIES AND FINES: In addition to the liability imposed by Section 5-9-18 of this Chapter, any person who unlawfully disposes of hazardous materials within the City of Canton shall, upon conviction, be subject to a fine of no less than Fifty dollars ($50.00) and no more than five hundred dollars ($500.00). 5-19-14: RIGHT TO KNOW - DEFINITION: Unless the context otherwise clearly requires, as used in this division. Hazardous material means a substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to the health and safety or property. Person means any natural person or individual, governmental body, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, trust, estate, or any other legal entity, or their legal representative, agent, or assigns. Toxic substance means any substance, mixture, or compound containing a substance which is listed in: (a) The Code of Federal Regulations, 29, C.F.R. 1910.1000 through 29 C.F.R. 1910.1500, inclusive. (b) The Illinois Revised Statutes, Chapter 48, Paragraph 2515. (c) The United States Department of Health and Human Services, Public Health Service National Toxicology Program, Second -8- annual Report on Carcinogens-December, 1981 and its periodic updates. (d) A list of toxic substances promulgated by the Director of the Illinois Department of Labor pursuant to Illinois Revised Statutes, Chapter 48, Paragraphs 2503 and 2504. 5-9-16: DISCLOSURE REQUIREMENTS: Every person who uses, produces, or stores hazardous materials or toxic substances at a location within the City of Canton, shall provide the fire department of the City of Canton with all information concerning the use, production, and storage of such materials which such a person is required to provide a local fire department under all governing laws and regulations enacted or promulgated from time to time by either the State of Illinois or the United States of America and departments thereof. 5-9-17: STORAGE OF HAZARDOUS MATERIALS: Every person who stores hazardous materials at any location within the City of Canton shall store such materials in accordance with the requirements established for such storage by the Fire Code of the City of Canton as adopted and amended. 5-9-18: PENALITIES: Any person who violates the provisions of this Chapter shall upon conviction be subject to a fine of no less than fifty dollars ($50.00) and no more than five hundred dollars ($500.00). Each day that a person is deemed in violation of this Chapter shall constitute a separate offense which upon conviction shall subject the person to a fine of no less than fifty dollars ($50.00) and no more than five hundred dollars ($500.00) for each such offense." -9- • 3. That this Ordinance shall be in full force and effect ten (10) days after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 16th day of March, 1988, upon a roll call vote as follows: ,: ~ ;''`~ AYES: ,~•; ,.. NAYS ABSENT: ATTEST: APPROV Donald E. Edwards, Mayor. Nancy Whites, City Clerk. i '..! ORDINANCE NO. AN ORDINANCE ESTABLISHING TITLE 5, CHAPTER 9 OF THE CANTON MUNICIPAL CODE RELATING TO HAZARDOUS MATERIALS. WHEREAS, the Public Safety and Traffic Committee has determined that it is necessary and in the best interest of the City of Canton to establish hazardous material transportation routes within the City of Canton; 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 Canton City Council hereby finds the foregoing recitals to be fact. 2. That Title 5 of the Canton Municipal Code is hereby amended by adding thereto the following Chapter 9. "Chapter 9 HAZARDOUS MATERIALS 5-9-1: PURPOSE OF DIVISION: The purpose of this division is to establish hazardous material transportation routes within the City of Canton which will enable those who transport hazardous materials to and from locations within the City of Canton to do so in compliance with the requirements of 49 CFR 397 as they may from time to time be amended which are hereby incorporated herein as if enacted by the City Council of Canton, Illinois. 5-9-2: DEFINITIONS. (a) Hazardous materials. As used herein, the term "hazardous materials" shall mean a substance or material in a quantity and form which has been determined by the United States Department of Transportation to be capable of posing an unreasonable risk to health and safety or property when transported in commerce. (b) Hazardous materials placard. As used herein, the term "hazardous materials placard" shall mean the placard which a motor vehicle transporting hazardous materials is required to display under regulations enacted by either the United States or Illinois Department of Transportation pursuant to the Hazardous Materials Transportation Act, 49 USC 1801 et seq. (c> Primary hazardous materials route. As used herein, the phrase "primary hazardous materials route" shall mean when signs are posted giving notice thereof, the system of streets composed of the following: Street ~~t~,r,~ _r,. ~,:_ ~• r ~ , r ~ ~ a w,,Q ~'' lr ' . P ~.... 6F, 1 G ~: ~ ,.r From ,, ~~ t~ . . ; _~ ~ _ ~~.-~ r r _ . ~~ .~, Q..~.{ ~: ~ .: s' ~ , // .n Q F,{..n. .. G To ~;~ ~e ' r~~ r ~ `~ .~ ,~: ~ ,,. ,~~, ~ r ,~,-;.,d_w a ' ~ t . 1 ! .~~,:.-... ~ :, y~ ~! ,c -2- (d) Hazardous materials access route. As used herein, the rase "hazardous mat p { i ; ; r.~, x ,, ; ~_g ~ ,,; ~ serials access route" shall mean any street ~~ ~ . ,~ , wh-i:-e~hv~ras~-~e~--~a.i.gnat-ed puxsu.ant ~Q°; this divs"i'-a~n~_.€or.. the--.gu,r~,se q.f---piev,i.da.ng.._~ze.hi,cu.l.ax..ac.ces.s.-.from the pry hazardous materials ~~ a .~.< to ...~ *~. , '„ ~-_,.~, .. ~ . +...t.: ~g .~ ram.? , a eµ ,t,. ; ~ . ~ ~,.,k ~_.~_,aF .~~,~.. R ~ ~ ,; ~.,,,t , v n_.~ ~ ~' "! . ~ , c f- z M ~ ~ <. ~ ., ~~ ,t V; route to locations within the City of Canton where ~a~ardous materials are used, produced, or stored. 5-9-3: GENERAL PROHIBITIONS: (a) Every person who uses, produces, or stores hazardous materials at a location within the City of Canton, shall request from the fire department a hazardous materials access route to and from such location. (b) Every motor vehicle which displays or is required to display a hazardous materials placard, shall be operated within the City of Canton only on the primary hazardous material route or upon a hazardous material access route established pursuant to the provisions of this division. (c) Every operator of a motor vehicle which displays or is required to display a hazardous material placard, who does not know the primary hazardous material route of the City of Canton, or the hazardous material access route to and from the location in the city from which he is coming or to which he is destined, shall request directions concerning said routes from the Canton Fire Department, before operating said vehicle in the City of Canton. (d) No motor vehicle which displays or is required to display a hazardous materials placard shall be operated on any street within the City of Canton other than U.S. Route 20 unless such vechile is coming from or distined for a location within the City of Canton. -3- 5-9-4: EXCEPTIONS: The following types of vehicles are exempt from the provisions of this division: (1) Placarded vehicles making residential deliveries of home heating fuel. (2) Placarded vehicles making residential deliveries of medical supplies. (3) For purposes of picking up or delivering nonhazardous materials at a location within the City which is not required under the provisions of this division to request a hazardous materials access route, placarded vehicle may use the most direct route to and close as possible to said location on the primary hazardous materials transportation route or a hazardous materials access route assigned to a business in the vicinity of said location. 5-9-5: PROCEDURE FOR BEING ASSIGNED A HAZARDOUS MATERIALS ACCESS ROUTE: Any person who uses, produces, or stores hazardous materials at a location within the city shall be assigned a hazardous materials transportation route after he has submitted a request for such a route to the City of Canton Fire Department on a form provided by the fire department. Upon receipt of such a request, the fire department shall assign to such person, a route which in the judgment of the fire department and all other interested departments, is consistent with and implements the purpose of this division. 5-10-5: PENALTIES FOR VIOLATING THE PROVISIONS OF THIS DIVISION: -4- (a) Any person who violates any provision of this division shall upon conviction be subject to a fine of no less than fifty dollars ($50.00) and no more than five hundred dollars ($500.00). (b) Any person who uses, produces, or stores hazardous materials and who fails to request a hazardous materials access route, shall be deemed in violation of this division for each and every day after the effective date of this division during which such person was engaged in such use, production, or storage, until such time as he submits such a request to the fire department. Each day that such a person is deemed in violation of this division shall constitute a separate offense which upon conviction shall subject the person to a fine of no less than fifty dollars ($50.00) and no more than five hundred dollars ($500.00). (c) Any operator of a motor vehicle which is required to display a hazardous materials placard who violates any provision of this division while operating said vehicle without said placard properly displayed, shall, upon conviction, be subject to a fine of no less than five hundred dollars ($500.00) and no more than five hundred dollars ($500.00). 5-9-7: DISCHARGE EMERGENCIES - DEFINITIONS: Unless the context otherwise clearly requires, as used in this division discharge means leakage, seepage, or other release. Hazardous material means a substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to health and safety or property. -5- Person means any natural person or individual, governmental body, firm, association, partnership, copatnership, joint venture, company, corporation, joint stock company, trust, estate, or any other legal entity, or their legal representative, agent, or assigns. 5-9-8: DECLARATION OF NUISANCE. The actual or threatened discharge of hazardous materials within the City of Canton is hereby declared a nuisance. 5-9-9: LIABILITY FOR ABATEMENT OF NUISANCE: Any person who owns, leases, operates, or controls any facility, equipment, or vehicles from which a discharge of hazardous materials has occurred or is threatened to occur, shall be liable to the City of Canton for any expenses incurred by the city in connection with preventing, cleaning up, or disposing of or attempting to prevent, clean up, or dispose of any such discharge or threatened discharge. 5-9-10: DISPOSAL - DEFINITIONS: Unless the context otherwise clearly requires, as used in this division. Hazardous material means a substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to the health and safety or property. Person means any natural person or individual, governmental body, firm, association, partnership, copatnership, joint venture, company, corporation, joint stock company, trust, estate, or any other legal entity, or their legal representative, agent, or assigns. -6- 5-9-11: Prohibition: It shall be unlawful for any person to dispose of hazardous materials within the City of Canton, unless such disposal is conducted in accordance with applicable state and federal rules and regulations pertaining to the disposal of such materials. 5-9-12: DECLARATION OF NUISANCE: The unlawful disposal of hazardous materials within the City of Canton is hereby declared a nuisance. 5-9-13: LIABILITY FOR ABATEMENT OF NUISANCE: Any person who engages int he unlawful disposal of hazardous materials shall be liable to the City of Canton for any and all expenses incurred by the City of Rockford in connection with cleaning up and lawfully disposing of said materials. 5-9-14: PENALTIES AND FINES: In addition to the liability imposed by the preceding section, any person who unlawfully disposes of hazardous materials within the City of Canton shall, upon conviction, be subject to a fine of no less than five hundred dollars ($500.00) and no more than five hundred dollars ($500.00). 5-19-14: RIGHT TO KNOW - DEFINITION: Unless the context otherwise clearly requires, as used in this division. Hazardous material means a substance or material in a quantity and form determined by the United States Department of Transportation to be capable of posing an unreasonable risk to the health and safety or property. -7- Person means any natural person or individual, governmental body, firm, association, partnership, copatnership, joint venture, company, corporation, joint stock company, trust, estate, or any other legal entity, or their legal representative, agent, or assigns. Toxic substance means any substance, mixture, or compound containing a substance which is listed in: (a) The Code of Federal Regulations, 29, C.F.R. 1910.1000 through 29 C.F.R. 1910.1500, inclusive. (b) The Illinois Revised Statutes, Chapter 48, Paragraph 2515. (c) The United States Department of Health and Human Services, Public Health Service National Toxicology Program, Second annual Report on Carcinogens-December, 1981 and its periodic updates. (d) A list of toxic substances promulgated by the Director of the Illinois Department of Labor pursuant to Illinois Revised Statutes, Chapter 48, Paragraphs 2503 and 2504. 5-9-16: DISCLOSURE REQUIREMENTS: Every person who uses, produces, or stores hazardous materials or toxic substances at a location within the City of Canton, shall provide the fire department of the City of Canton with all information concerning the use, production, and storage of such materials which such a person is required to provide a local fire department under all governing laws and regulations enacted or promulgated from time to time by either the State of Illinois or the United States of America and departments thereof. -8- 5-9-17: PENALTIES: Any person who violates the provisions of this division shall upon conviction be subject to a fine of no less than fifty dollars ($50.00) and no more than five hundred dollars ($500.00). Each day that a person is deemed in violation of this division shall constitute a se subject the person to and no more than five offense. 5-9-18: STORAGE Every person who parate offense which upon conviction shall a fine of no less than fifty dollars ($50.00) hundred dollars ($500.00) for each such OF HAZARDOUS MATERIALS: stores hazardous materials at any location within the City of Canton shall store such materials in accordance with the requirements established for such storage by the Fire Prevention Code of the City of Canton as adopted and amended in Article III, Division 2, of this Chapter. 5-9-19: PENALITIES: Any person who violates the provisions of this division shall upon conviction be subject to a fine of no less than fifty dollars ($50.00) and no more than five hundred dollars ($500.00). Each day that a person is deemed in violation of this division shall constitute a separate offense which upon conviction shall subject the person to a fine of no less than fifty dollars ($50.00) and no more than five hundred dollars ($500.00) for each such offense. 3. That this Ordinance shall be in full force and effect ten (10) days after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. -9- ~. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this day of , 1988, upon a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED: Donald E. Edwards, Mayor. ATTEST: Nancy Whites, City Clerk. -IO-