[HISTORY: Adopted by the Village Board of the Village of
Fox Point as § 24.05 of the 1961 Code. Amendments noted
where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 276.
Hazardous material is defined as either:
A.
Any material or combination of materials of solid, liquid or contained
gaseous or semisolid form which, because of its quantity, concentration
or physical, chemical or infectious characteristics, may cause or
significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness or pose
a substantial present or potential hazard to human health or the environment.
Such material includes but is not limited to material which is toxic,
carcinogenic or flammable. Such material also includes irritants and
strong sensitizers and materials which generate pressure because of
decomposition or heat. Likewise, toxic material also includes containers
and receptacles previously used in transportation, storage, use, or
application of material described herein as hazardous material.
No person, firm or corporation shall discharge or cause to be discharged, leak, leach, or spill upon or into any public street, alley or public property or onto the ground, surface water, subsurface waters, or aquifers, or onto any private property except those areas specifically licensed for waste disposal or landfill activities in the Village, any hazardous material as defined in § 624-1.
Any person, firm or corporation in violation of this chapter
must, upon the direction of any police officer, firefighter or public
health official of the Village, begin immediate actions to contain,
clean up and remove to an approved depository the offending material(s)
and restore the site to its original condition. Should any person,
firm or corporation fail to engage or complete the requirement of
this section, the Police Department, Fire Department or Health Officer
may order the owner or lessee to take the required action or, in default
thereof, may, on behalf of the Village, without the taking of bids,
do the necessary work with all costs incurred by the Village, which
include, but are not limited to, professional and volunteer time,
cost of equipment used, cost of materials used, and administrative
overhead, to be reimbursed by anyone violating this chapter unless
such reimbursement is made to the Village by another governmental
agency.
The owner or lessee of any site, public or private, where a
prohibited discharge is occurring or where there is probable cause
to believe that such discharge is occurring, shall provide access
to personnel of the Police Department, Fire Department or the Health
Officer of the Village for the purpose of allowing them to evaluate
the threat to public health and safety or to monitor the containment,
cleanup or restoration activity needed for the protection of public
health or safety. In the event voluntary access is not granted by
the owner or lessee, the appropriate officer may obtain an administrative
search warrant and, after receiving the same, may enter the premises.
Should any discharge occur that reasonably causes a threat to
the life, safety, welfare or health of the public, a police officer,
firefighter or health officer or employee on the scene may order an
evacuation of the area or take other appropriate protective steps
for such period of time as needed until the Village Manager and emergency
management officials can act.
A police officer shall have the authority to make complaints
and issue citations and summonses under this chapter.
Any person, firm or corporation in violation of this chapter
shall be liable jointly and severally to the Village and to any individual
whose person or property was damaged by such violation for any and
all expenses incurred by the Village and loss or damage sustained
by the Village by reason of such violation.
