§ 13-66. Costs and penalties.

Any person who is responsible for or liable for any remedial action, removal, release or threatened release of hazardous material shall reimburse the city in accordance with 430 ILCS 55/5 for all costs and charges incurred in connection with any such remedial action, removal, release or threatened release of hazardous material emergency action for removal or remedial action within thirty (30) days after such action is rendered by the city or any other agency rendering mutual aid. Minimum charges for such remedial action, removal, release or threatened release of hazardous material shall be as follows:

(1)

The reasonable costs of each vehicle responding as determined by the responding agency, but in no case less than five hundred dollars ($500.00) per hour per vehicle; and

(2)

The cost of all personnel, including any overtime costs to the city or to any responding agency incurred as a result of the remedial action, removal, release or threatened release of hazardous material, or any mitigation or containment operations; and

(3)

The cost of all materials and equipment used, expended, depleted, destroyed or removed from service in accordance with federal, state or local law, regulations or ordinance as a result of the remedial action, removal, release or threatened release of hazardous material, or any mitigation or containment operations.

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 city, or in accordance with any order of any court having jurisdiction on the matter, shall be liable to the city for any costs incurred by the city as a result of such failure to provide or take such removal or remedial action, together with the costs of any removal or remedial action taken by the city in accordance with this article, and all attorney's fees and related legal costs incurred in connection therewith.

In addition, any such person shall be guilty of a violation of this article and shall be fined not less than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed for each day on which a violation occurs or continues.

(Ord. No. 17-2005, § VI, 3-17-2005; Ord. No. 23-2009, § 1, 6-2-2009)