G-550 - 01/24/1995 - FIRE DEPARTMENT - Ordinances ORDINANCE 95-FD-G-550
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
REGARDING REIMBURSEMENT FOR COSTS INCURRED IN THE
ABATEMENT OF HAZARDOUS MATERIALS INCIDENTS
WHEREAS, the supplies and equipment used during hazardous materials
responses are a continuously increasing expense for the Village; and
WHEREAS, the supplies needed for hazardous materials responses are often
specifically fabricated materials that absorb spilled products without
deterioration and are, therefore, very expensive; and
WHEREAS, much of the equipment used at hazardous materials responses
must be replaced after only a few responses, depending upon the amount of
exposure and the material encountered; and
WHEREAS, overtime personnel are often called back to assist in
neutralizing the situation or to man reserve apparatus at said hazardous
materials responses; and
WHEREAS, many neighboring communities are requesting reimbursement of
their costs incurred during such hazardous materials responses; and
WHEREAS, upon report and recommendation from the Fire Department, the
President and Board of Trustees find and determine that the recipients of
emergency services relative to a hazardous materials response should be
assessed for those extraordinary costs incurred by the Village for services
rendered and/or for replenishing supplies and equipment exhausted in the
performance of emergency services by the Village; and
WHEREAS, the President and Board of Trustees have determined, subject to
the provisions herein contained, that the reimbursement of the Village, for
the aforementioned costs and expenses, by the direct recipients of the benefit
of a hazardous materials response is appropriate given the disproportionate
relationship of the amount of such costs to the benefit to the general
community; that providing for the reimbursement of such extraordinary expenses
is in the best interests of the general community and that providing for the
reimbursement of such extraordinary expenses is in the best interests of the
general welfare, health and safety of the residents of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
r
Ordinance 95-FD-G-550
Amending Chapter 6, Article II
Regarding Reimbursement For
�.- Costs Incurred in the
Abatement of Hazardous
Materials Incidents
Page 2
Section 2: That Chapter 6, Article II of the Code of Ordinances of the
Village of Oak Brook is hereby amended by adding a new Section 6-33 thereto
which shall read in its entirety as follows:
"Sec. 6-33. Reimbursement for costs and expenses involved in
hazardous materials responses.
Any recipient of any hazardous materials response by the Village of
Oak Brook, including the Oak Brook Fire Department, shall be responsible
for reimbursing the Village for the extraordinary costs and expenses of
the Village, including but not limited to, overtime labor and outside
consulting or contracting costs, extraordinary administrative, equipment,
and materials costs, and all disposal costs as a result of said hazardous
materials response. For purposes of this section, "extraordinary costs
and expenses" shall also include the actual costs and expenses of any
other municipality or agency rendering aid to the Oak Brook Fire
Department in relation to said hazardous materials response.
Upon completion of a hazardous materials response, the Village shall
tender an itemized written bill to the recipient which sets forth the
extraordinary costs and expenses relative to said hazardous materials
response.
For purposes of this section, the "recipient" of a hazardous materials
response shall be defined as the owner(s) and/or tenant(s) of the
building and/or real or personal property in relation to which the
hazardous materials response has taken place.
For purposes of this section, a "hazardous materials response" shall be
defined as any response by the Village of Oak Brook, including the
Oak Brook Fire Department, alone or in conjunction with any other
governmental fire department(s) or agencies rendering aid to the Oak
Brook Fire Department in relation to said response, in regard to an
incident involving the spilling, leaking or escape of any hazardous
substance from any container intended for the storage or transportation
of said hazardous substance, or in regard to any fire or explosion
involving a hazardous substance. For purposes of this section,
"hazardous substance" shall be defined as in 415 ILCS 5/3.14 (1992) ,
except that petroleum products and natural gas shall be considered
"hazardous substances" for purposes of this Section 6-33."
Section 3: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 4: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 24th day of January, 1995.
ordinance 95-FD-G-550
Amending Chapter 6, Article II
Regarding Reimbursement For
Costs Incurred in the
Abatement of Hazardous
Materials Incidents
Page 3
Ayes: Trustees Bartecki, Calzaretta, Kenny, McInerney, Payovich and Shumate
Nays: None
Absent: None
Abstain: No,p
APPROVED THIS 24th day of January, 1995.
Vi lage President
ATTE4er:
.illrk
Ap proved as to Form:
X--W��Z '
Village Attorney
Published 1-25-95 Pamphlet form
Date Paper