§ 8-22. Release of hazardous materials or environmentally damaging substances.

(a)

Unlawful release prohibited. No person shall cause, threaten, or allow release of hazardous materials or environmentally damaging substances, unless such release is in accordance with an appropriate permit granted by the state environmental protection agency or other state or federal agency having primary authority over the release and such release is in such a place and manner as will not create a substantial present or potential hazard to human health, property or the environment. Any prohibited release is hereby declared a public nuisance.

(b)

Response authority. The fire department shall have the authority to respond to and control all activities at the fire, release or threatened release involving hazardous materials or environmentally damaging substances and perform such remedial or fire fighting activities as are deemed necessary to control any incident within the city or in areas where such release threatens the public health or environment of the city.

(c)

Emergency purchases. Emergency purchases during an incident and cleanup from a fire, release or threatened release may be made by the fire chief or emergency manager or their designee.

(d)

Cleanup and remediation required.

(1)

A responsible party or parties shall cleanup the facility and site on which there has been a fire, release or threatened release of hazardous materials or environmentally damaging substances. The removal shall be in accordance with state and federal laws, rules and regulations. The site shall be restored to pre-incident condition and meet Illinois Environmental Protection Agency (IEPA) Standards. The site shall be restored to pre-incident conditions and shall be free of noticeable odors or liquid runoff. Any remedial action shall prevent or minimize the release of hazardous materials or environmentally damaging substances to prevent a substantial present or potential hazard to public health, property or environment.

(2)

The IEPA shall supervise and verify the adequacy of all remedial or cleanup actions.

(3)

The fire chief, or his designee, shall have the authority to order the responsible party or parties of a fire, release or threatened release of hazardous materials to hire a cleanup contractor to cleanup the site if the responsible party or parties are not equipped or prepared to properly handle hazardous material or environmentally damaging substances.

(4)

In the event that a responsible party or parties fails or refuses to cleanup or remediate an incident, or in the event of an emergency incident, city shall cleanup the site and shall assess all costs against the responsible party or parties as provided elsewhere in this article.

(Ord. No. 834, § 2, 12-6-04)