§ 22-1. Spiller pays ordinance.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Costs —all expenses incurred by the county or any other public agencies assisting the county, as a result of any removal or remedial action.

Facility —any building, structure, installation, equipment, pipe or pipeline, including, but not limited to any pipe into a sewer or publicly owned treatment works, well pond, lagoon impoundment, ditch landfill storage container, tank motor vehicle, truck trailer, rolling sock or aircraft. Also, any site or area where hazardous material has been deposited, stored, disposed or, abandoned or otherwise come to be located.

Hazardous materials —any material substance or mixture of materials or substances which are toxic, flammable, corrosive, explosive, carcinogenic or radioactive, including, but not limited to any substance or material which is designed as hazardous material, pursuant to the "Hazardous Material Transportation Act" ( 49 USCA, Section 1801 et seq.) in a quantity and form which may post a substantial present or potential hazard to human health, property or the environment when improperly released, treated, stored, transported, disposed of or otherwise managed.

Mutual aid —any action taken by the county or any other public agency, pursuant to an intergovernmental agreement, including, but not limited to, any agreement that is part of the mutual aid box alarm system.

Person —any individual, business, firm, partnership, corporation association trust, estate, joint venture, or other legal entity or their legal representative, each of their assign.

Release —any spilling, leaking, pumping, pouring, emitting, escaping, emptying, discharging, injecting, leaching, dumping or disposing of a hazardous material into or on any land, air, water, well, stream, sewer or pipe so that such hazardous material, or any constituent thereof, may enter the environment.

Remedial action —any action consistent with permanent remedy taken instead of, or in addition to, removal actions in the event of a release or threatened release of a hazardous material into the environment, to prevent or minimize the release of hazardous materials so that they do not migrate to cause a substantial present or potential hazard to human health, property or the environment. The term includes, but is not limited to, such actions at the locate of the release as storage, isolation, confinement, perimeter protection using dikes, trenches or ditches, clay/soil cover, neutralization, clean up of release diversion, destruction, segregation of reactive wastes, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternate water supplies and any monitoring reasonably required to assure that such action protect the public health and welfare and the environment.

Removal —the cleanup or removal of released hazardous materials from the environment, such actions as may be necessary or appropriate to monitor, assess and evaluate the release or threat of release of hazardous materials, the disposal of removal material or the taking of such action as may be necessary to prevent, minimize or mitigate damage to public health or welfare of the environment. The term includes, but is not limited to security, fencing, provision of alternative water supplies and temporary evacuation of threatened individuals.

Response —any removal or remedial action.

(b)

Prohibited acts. No person shall cause, threaten or allow the release of hazardous materials into the environment unless such release is in accordance with an appropriate permit granted by the Illinois Environmental Protection Agency or other state or federal agency having primary jurisdiction over the release and such release is in place and manner as will not create a substantial present or potential hazard to human health, property or the environment.

(c)

Response authority.

(1)

The county, or its agents, shall have the authority to respond to any release or threatened release of hazardous material within the territory of the county which may be pursuant to any lawful intergovernmental agreement of the county. The authority includes, but is not limited to remedial action and removal.

(2)

The county, or its agents shall have the authority to respond to any release or threatened release of hazardous materials as described above. The county or its agents shall facilitate a response as the situation warrants pertaining to the reporting of any release or threat of release of hazardous material to appropriate federal, state, or local public health, safety and emergency agencies of any substantial release of hazardous materials.

(3)

Any person who, by contract, agreement or otherwise, has arranged with another party or entity for transport, storage, disposal or treatment of hazardous materials owned, controlled or possessed by such person at a facility owned or operated by another party or entity from which facility there is a release or substantial threat of a release of such hazardous materials is responsible to respond to such a release or threatened release. Any person who accepts or has accepted any hazardous materials for transport to disposal, storage or treatment facilities from which there is a release or a substantial threat of release of such hazardous substances is responsible to respond to such a release or threatened release.

(4)

The county, or its agents, may direct the cleanup and containment at its discretion in the interest of public safety or reopening of a public way for traffic as quickly as possible.

(d)

Defenses. There shall be no liability under this subsection hereof for a person otherwise liable who can establish by a preponderance of the evidence that the release or substantial threat of release of a hazardous material and the damages resulting is in accordance with any of the permitted defenses enumerated in 415 ILCS 5/22.2.

(e)

Cost and penalties.

(1)

Pursuant to Section 22.2(f) of the IEPA it is in the best interest of the County of Livingston to deem any carrier responsible for hazardous material response services rendered and costs incurred due to hazmat releases.

(2)

Any person who is liable for the release or threatened release of a hazardous material who fails without sufficient cause to pay for or provide removal or remedial action upon or in accordance with a notice and request of the county, or in accordance with any order of any court having jurisdiction on the matter, shall be liable to the county of any costs incurred by the county as a result of such failure to provide or take such removal or redial action, together with the cost of any removal or remedial action taken by the county in accordance with this section, and all attorney's fees and related legal costs incurred in connection therewith.

(3)

In addition, any such person shall be guilty of a violation of this section and shall be fined not less than $100.00. A separate offense shall be deemed committed for each day on which a violation occurs or continues.

(4)

Charges for removal or remedial action when rendered by the county or to any other responding agency rendering mutual aid shall be as follows:

a.

The reasonable cost of each vehicle responding as determined by the responding agency, but in no case less than $100.00 per hour per vehicle;

b.

The cost of all personnel, including any overtime cost to the county or to any responding agency incurred as a result of the removal or remedial action; and

c.

The cost of all material and equipment used, expended depleted, destroyed or removed from service in accordance with federal, state or local ordinance, as a result of the mitigation or containment operations if or at the request of the county or any responding agency.

(Res. No. 2017-11-54, arts. I—V, 11-16-2017)