[HISTORY: Adopted by the City Council of
the City of Crystal Lake as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-20-2007 by Ord. No. 6161]
As used in this article, the following terms
shall have the following meanings:
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, rotting stock
or aircraft; also, any site or area where a hazardous material has
been deposited, stored, disposed of, abandoned, placed, or otherwise
come to be located.
As defined by the United States Department of Transportation,
including but not limited to any material, substance or mixture of
materials or substances which are toxic, flammable, corrosive, explosive,
carcinogenic or radioactive.
Any individual, business, firm, partnership, corporation,
association, trust, estate, joint venture or other legal entity, or
their legal representative, agent or assign.
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.
Any action which is consistent with any permanent remedy
and which is 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 location
of the release as storage, confinement, perimeter protection using
dikes, trenches, or ditches, clay cover, neutralization, cleanup of
released hazardous materials or contaminated materials, recycling
or reuse, 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 actions protect the public health and welfare and the environment.
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 removed material; or the taking
of such action as may be necessary to prevent, minimize, or mitigate
damage to the 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.
Any removal or remedial action or special rescue services.
Any person who is deemed by the City of Crystal Lake to have
caused or contributed to causing the incident or circumstances giving
rise to the necessity of emergency response or such person who is
responsible as defined or established by any statute or regulation
of the State of Illinois or of the United States of America.
Services in high-angle rescue, trench rescue, confined space
rescue, and other rescue services as defined by the City of Crystal
Lake Fire Rescue Department.
Those incidents arising where vehicles or personnel of the
Crystal Lake Fire Rescue Department provide special rescue services
for the purposes of providing rescue services or support.
A.Â
The Fire Chief or his/her designee shall have authority
to respond to any incident requiring special rescue services, or release
or threatened release of hazardous materials, within the City or boundaries
of any municipal city, village or district to which the City provides
fire rescue services, or affecting the public water supply, wells
or sewage treatment works located within the City. This authority
includes, but is not limited to, remedial action and removal or any
special rescue services.
B.Â
The Fire Chief or designee, during such time as response
authority is given to him/her, shall be authorized to utilize all
City personnel and equipment, and the Fire Chief or designee may in
his/her sole discretion, order any special rescue service or take
such remedial or removal action as he/she may deem necessary or appropriate
to respond to the incident or release or threatened release of hazardous
material.
C.Â
All City personnel shall cooperate with and operate
under the direction of the Fire Chief or designee or response authority
under this article until such time as the person exercising such response
authority has determined that the response is complete or responsibility
for response is assumed by the federal, state, or local public health,
safety, or emergency agency having primary jurisdiction over the release
or threatened release or special rescue incident.
D.Â
The person exercising response authority under this
article shall coordinate and/or cooperate with other federal, state,
or local public health, safety, or emergency agencies involved in
response to the release or threatened release of hazardous materials
or special rescue incident.
[Amended 4-21-2015 by Ord. No. 7121]
A.Â
Notwithstanding
any other provision or rule of law, the City of Crystal Lake Fire
Rescue Department shall charge the responsible party for hazardous
materials removal or remediation and special rescue incident responses,
to the extent that such charges exceed the sum of $50 as follows:
(1)Â
For each fire or ambulance vehicle responding to the
scene: $250 per hour, per vehicle, for each hour that the presence
of such vehicle was deemed necessary by the officer in charge of each
response, with the time computed from dispatch to return to the station;
and
(2)Â
For each fire fighter responding to the scene: $70
per hour per fire fighter, for each hour that the presence of such
fire fighter was deemed necessary by the officer in charge of each
response, with the time computed from dispatch to return to the station;
(3)Â
For expended materials other than fuel of vehicles:
the actual costs incurred by the City of Crystal Lake for such materials
or, if a portion of a unit of material is used, the cost to replace
the unit of material; and
(4)Â
For damaged or destroyed vehicles, portable equipment,
or personal fire protection clothing or gear: includes the actual
costs to repair such item, or if deemed unsafe or not feasible to
repair such item, then for the full current cost of replacement of
such item. Also, this shall include personal fire protection contaminated
by any hazardous material or substance if deemed unsafe for further
use in fire-fighting or rescue operations.
B.Â
With respect
to emergency service responses, other than hazardous material removal
and special incident rescue responses, involving persons, businesses,
or other entities who or which are not residents of the City or the
Crystal Lake Rural Fire Protection District, the City shall charge
such nonresidents, in addition to any other fees provided for by the
City Code, $250 per hour, per vehicle for City vehicles responding
and $70 per hour per fire fighter for personnel responding and may
charge such nonresidents for extraordinary expenses of materials used
in rendering such services. The Fire Chief of the City of Crystal
Lake Fire Rescue Department may, as deemed appropriate, waive all
or any portion of the fees charged pursuant to this subsection.
There shall be no liability under this article
for damages as a result of any actions taken or omitted by the response
authority, its agents and employees with respect to an incident creating
a danger to public health, welfare or the environment as a result
of special rescue services or any release or threatened release of
a hazardous material, including, but not limited to, actions taken
or omitted in the course of rendering:
A.Â
In the event that the responsible party fails to provide
payment within 30 days of receipt of City invoice or take requested
actions related to a release or special rescue incident within the
time limit directed by the Fire Chief or his/her designee, the City
may take actions pursuant to law to collect such amounts due, including
all City attorneys' fees and related legal costs, or impel actions.
B.Â
Charges for special rescue incident or removal or
remedial action when rendered by the City or a mutual aid company
shall be as provided by those agencies from time to time.
