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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." .rY ~ i 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 :" ~.~ 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." t 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