§ 26-19. Spilling, exploding, etc., hazardous substances prohibited; penalty.

(a)

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

Corrosive means any substance which, when in contact with living tissue, causes destruction of tissue by chemical action; but does not refer to action on inanimate surfaces.

Flammable or combustible means any substance which has a flashpoint of above 20 degrees Fahrenheit to and including 80 degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester, and extremely flammable means any substance which has a flashpoint at or below 20 degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester, and combustible means any substance which has a flashpoint above 80 degrees Fahrenheit to and including 150 degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester; except that the flammability or combustibility of solids and of the contents of self-pressurized containers shall be determined by methods generally applicable to such materials or containers respectively.

Hazardous substance means any substance or mixture of substances which is toxic, corrosive, an irritant, strong sensitizer, flammable, combustible, or which generates pressure through decomposition, heat or other means, and which may cause substantial personal injury or illness during or as a proximate result of any customary or reasonably anticipated handling or use, including reasonably foreseeable ingestion, and also means any radioactive substance.

Irritant means any substance, not corrosive, which on immediate, prolonged or repeated contact with normal living tissue will induce local inflammatory reaction.

Person shall mean any individual, partnership, corporation, trust or other entity.

Radioactive substance means any substance which emits ionizing radiation.

Strong sensitizer means any substance which will cause, on normal living tissue through an allergic or photodynamic process, a hypersensitivity which becomes evident on reapplication of the same substance.

Toxic means any substance (other than a radioactive substance) which has the capacity to produce bodily injury or illness to man through ingestion, inhalation, or absorption through any body surface.

Unrecovered costs shall mean the total cost of operation, maintenance and additional staffing necessitated by the incident, including but not limited to replacement of specialized equipment or supplies required to mitigate the emergency, and may also include any extraordinary damage to equipment caused by the incident, which costs are not otherwise recoverable through federal or state agencies.

(b)

Violation. It shall be a violation of this article for any person using, storing, transporting, or causing to be used, stored, or transported, any hazardous substance to, in any manner, allow such hazardous substance to be spilled, exploded, burned, or otherwise discharged into the surrounding environment, resulting in death, serious injury, property damage, or expenses to any person, property owner, or to the village and/or the fire department.

(c)

Penalty. There is hereby imposed a fine upon any person violating this article equivalent to the greater of:

(1)

Five hundred dollars; or

(2)

The unrecovered costs incurred by the village and/or the fire department in responding to the hazardous substance discharge incident.

(Code 1979, § 7-156; Ord. No. 87-16, §§ A—D, 10-19-1987)