Tier II Information
IEMA Tier 2 Reporting Information
Establishing an application / permit fee for facilities and
transportation companies that use or transport materials which have
potential to create a hazardous environment and a response fee for
reimbursement of emergency services based on materials and man-hours
required at the scene of a hazardous incident.
WHEREAS, the Superfund Amendments and
Reauthorization Act (SARA), passed in 1986, requires each state to establish an emergency
response commission, emergency planning districts, and local emergency
planning committees; and Title III of this act requires all entities that
use, store, transport, manufacture, generate, dispose of or sell hazardous
materials to file a list of such materials with both the state departments
of health, the local emergency planning committee; and the local area fire
WHEREAS, the Danville / Vermilion County Emergency Services
Disaster Agency (ESDA) serves as the information repository of the SARA
Title III Emergency Planning and Community Right-to-Know Act, and
maintains records of such materials located in the City of Danville and
County of Vermilion; and
WHEREAS, it is found and determined that providing emergency
services to mitigate the effects of hazardous substances is an increasing
cost requiring both the acquisition and maintenance of specialized
equipment and the provision of special training for the County, City, and
Village fire and police departments; and
WHEREAS, an ordinance is needed to require all persons or entities
that use, store, transport, manufacture, generate, dispose of or sell
hazardous materials to apply for permits and pay permit fees in order to,
obtain sufficient funds to pay for the training and supplies needed by A
Specialized Response Team, and recoup the response cost from the entity
which cause the hazard.
NOW, THEREFORE, be it ordained by the County Board of the County of
Vermilion, Illinois, as follows:
Hazardous Substances Defined.
Hazardous substance is defined as any substance or mixture of substances
which is toxic, corrosive, or irritant, strong sensitize, 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 reasonable anticipated
any radioactive substance if the Director of Public Health of the State of
Illinois has determined by regulation that the substance is sufficiently
hazardous to require labeling in order to protect the public health.
All other terms herein shall be defined as set forth in Section 241 et
seq. of Chapter 111 1/2 (Public Health and Safety) of the Illinois Revised
Statue's (a current edition) or in the absence of definition therein,
shall retain their common meaning.
annual permit fee for calendar year 1997 and every subsequent calendar
year is hereby imposed on every person or corporation that owns, operates,
or acts as the agent for any business location where one or more hazardous
materials are used, stored, transported, manufactured, generated, disposed
or sold within the County of Vermilion, in the fee amounts and for the
types of businesses or activities and for the quantities of chemical
listed in the attached "Table PF."
Where more than one location is used by the same person, corporation or
entity, a separate service fee shall be paid for each location within the
County of Vermilion.
The annual permit fees listed in "Table PF" shall be applied based upon
the maximum quantity of a hazardous material present at any one time
during the preceding year.
The annual permit is required for each location used by the permittee, and
a change of ownership of the location where the chemicals are stored,
manufactured, generated, disposed of or sold shall not be cause for a new
permit, nor shall the change of ownership of the business or entity
handling the chemicals be cause for a new permit of notice of such change
of ownership is provided to the Local Emergency Planning Committee
Chairman within ninety (90) days.
The annual permit fee shall be due and payable on January 1 of each year,
beginning January 1, 1997, and shall become delinquent on March 1 of the
same year. Payment shall be by money order, or check made payable to
the Danville / Vermilion County Emergency Services Disaster Agency.
A 1% late penalty shall attach on the first day of March following the
January 1st due date, and on the first day of each month thereafter; and
shall be collected and processed in the same manner as if they were part
of the service fee. Said fees may be partially or wholly waived if
the delinquent payment is documented as not due to the error, oversight,
or intent of the permittee.
Annual hazardous material's permits shall be issued for each location
operated or maintained by the permittee, and the permittee shall post said
permits in a conspicuous place at each location.
"response fee" shall be paid to the Danville / Vermilion County Emergency
Services Disaster Agency by the person, corporation, or entity which
created the hazard or which owned the materials or chemicals. The
said fee shall be determined by the primary response fee plus the hourly
rate plus the cost incurred at the scene of the hazardous incident.
The "response fee" shall be itemized for invoicing purposes.
Primary response fee, for any response involving the Specialized Response
Team: Two hundred dollars ($200.00)
An hourly fee will commence when on site action is initiated by the
Specialized Response Team and continue until the time the team is cleared
the scene and back in service: One hundred dollars ($100.00)
Cost incurred shall include any and all reasonable costs and expenses
incurred by the County, its agencies, representatives, Specialized
Response Team, and/or Fire Departments, responding to the incident.
Costs include but are not limited to contractual services, wages,
salaries, damaged or destroyed equipment, spill control supplies,
protective clothing, fire fighting or vapor suppressing foam, clean up
activities, medical care and medical supplies. When reimbursement is
requested for damaged or destroyed equipment, spill control supplies,
protective clothing, fire fighting or vapor suppressing foam, cost will be
calculated at the replacement value, not the depreciated value.
Persons who use, store, transport, generate or dispose of hazardous
materials in household consumer quantities for personal, noncommercial
purposes are specifically excluded from compliance with the provisions of
All entities that use, store, transport, manufacture, generate, dispose of
or sell hazardous materials shall place warning placards inside and on the
outside of the structure in a prominent location. The content of the
placard shall be determined by the Fire Department utilizing the National
Fire Protection Association Standard 704M Hazardous Materials Placarding
System to determine the warning numbers on the placard. The placard
for the outside of the facility shall be thirty (30) inches square,
constructed of a weather resistant material, mounted square on point in a
location approved by the Fire Department. Smaller placards may be
required by the Fire Department inside the facility to mark special
hazards. Placards shall not be removed or moved without the
permission of the Fire Department. Permission shall be requested
from the Fire Department to remove placards from any facility that no
longer contains hazardous materials.
Failure to Comply.
Reference - Vermilion County Code, General Provisions, Sect 1 - 10.
General penalty for violation of Code; separate offenses.
PRESENTED, APPROVED, AND ORDAINED by the County Board of Vermilion County,
Illinois at the February 11, 1997, A.D. Session.
this 11 day of February, 1997, A.D.
Chairman, Vermilion County Board
13 Nay 11 Absent 2
Vermilion County Emergency Management Agency
Hazardous Materials Permit Fee
on Total Average Daily Stored Amount)
||Chemical Quantity (lbs)
||0 to 99
||100 to 999
||1,000 to 9,999
||10,000 to 99,999
||100,000 to 999,999
||1,000,000 to 9,999,999
||10,000,000 to 49,999,999
||50,000,000 to 99,999,999
||100,000,000 to 499,999,999
||500,000,000 to 999,999,999