Vermilion County HAZMAT Ordinance

Vermilion County
SARA Title III Ordinance 97-0208

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 departments; and

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:

Section 1
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.

Section 2
Permit Fee.

An 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.”

(a) 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.

(b) 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.

(c) 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 because for a new permit of notice of such change of ownership is provided to the Local Emergency Planning Committee Chairman within ninety (90) days.

(d) 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.

(e) 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.

(f) 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.

Section 3
Response Fee.

A “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.

(a) Primary response fee, for any response involving the Specialized Response Team: Two hundred dollars ($200.00)

(b) 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)

(c) 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.

Section 4
Persons Excluded.

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 this Ordinance.

Section 5
Warning Placards.

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.

Section 6
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.
DATED this 11 day of February, 1997, A.D.

(signed by) Max Call, Chairman, Vermilion County Board
AYE 13 Nay 11 Absent 2 Abstain 1
Ordinance 97-0208

Table PF
Vermilion County Emergency Management Agency
Hazardous Materials Permit Fee
(Based on Total Average Daily Stored Amount)

Facility Type Chemical Quantity (lbs) Permit Fee
0 0 to 99 $25.00
1 100 to 999 $25.00
2 1,000 to 9,999 $25.00
3 10,000 to 99,999 $55.00
4 100,000 to 999,999 $85.00
5 1,000,000 to 9,999,999 $125.00
6 10,000,000 to 49,999,999 $155.00
7 50,000,000 to 99,999,999 $185.00
8 100,000,000 to 499,999,999 $225.00
9 500,000,000 to 999,999,999 $255.00