Public Act 90-0467 of the 90th General Assembly

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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

    (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
    (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
         (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.

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