Public Act 90-0467 of the 90th General Assembly
Public Act 90-0467
HB1174 Enrolled LRB9000401NTsbA
AN ACT to amend the Hazardous Material Emergency Response
Reimbursement Act by changing Sections 2 and 5.
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 Sections 2 and 5 as
follows:
(430 ILCS 55/2) (from Ch. 127 1/2, par. 1002)
Sec. 2. Intent. The General Assembly finds that the
emergency response in all small communities that,
particularly volunteer fire departments, who may have small
operating budgets, and who respond to emergency incidents,
particularly transportation related, may result in the
community incurring expenses that cannot be readily absorbed
expend costly materials which may be irreplaceable without
financial assistance. While responsible parties frequently
reimburse responders for expended supplies and other costs
incurred in response actions, it may require long periods of
time to determine liability and costly litigation to recover
costs incurred. During these time delays, communities small,
poorly funded departments may not be financially capable of
replacing supplies, leaving the community unprotected in case
of other incidents. Therefore; it is the intent of the
General Assembly to establish the Hazardous Material
Emergency Reimbursement Fund to alleviate the financial
hardships imposed upon any community that responds small
communities who respond to emergency incidents involving
hazardous materials.
(Source: P.A. 86-972.)
(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, 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%
5% 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. 86-972; 87-309.)
Section 99. Effective date. This Act takes effect upon
becoming law.