Illinois General Assembly - Full Text of Public Act 093-0989
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Public Act 093-0989


 

Public Act 0989 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0989
 
HB0916 Enrolled LRB093 05417 AMC 05507 b

    AN ACT in relation to environmental safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Hazardous Material Emergency Response
Reimbursement Act is amended by changing Section 5 as follows:
 
    (430 ILCS 55/5)  (from Ch. 127 1/2, par. 1005)
    Sec. 5. Reimbursement to agencies.
    (a) It shall be the duty of the responsible party to
reimburse, within 60 days after the receipt of a bill for the
hazardous material emergency incident in a timely and
reasonable manner, the emergency response agencies responding
to a hazardous material emergency incident, and any private
contractor responding to the incident at the request of an
emergency response agency, for the costs incurred in the course
of providing emergency action.
    (b) In the event that the emergency response agencies are
not reimbursed by a responsible party as required under
subsection (a), monies in the Fund shall be used to reimburse
the emergency response agencies providing emergency action at
or near the scene of a hazardous materials emergency incident
subject to the following limitations:
        (1) Cost recovery from the Fund is limited to
    replacement of expended materials including, but not
    limited to, specialized firefighting foam, damaged hose or
    other reasonable and necessary supplies.
        (2) The applicable cost of supplies must exceed 2% of
    the emergency response agency's annual budget.
        (3) A minimum of $500 must have been expended.
        (4) A maximum of $10,000 may be requested per incident.
        (5) The response was made to an incident involving
    hazardous materials facilities such as rolling stock which
    are not in a terminal and which are not included on the
    property tax roles for the jurisdiction where the incident
    occurred.
    (c) Application for reimbursement from the Fund shall be
made to the State Fire Marshal or his designee. The State Fire
Marshal shall, through rulemaking, promulgate a standard form
for such application. The State Fire Marshal shall adopt rules
for the administration of this Act.
(Source: P.A. 90-467, eff. 8-17-97.)

Effective Date: 1/1/2005