[HISTORY: Adopted by the Village Board of the Village of Woodville 8-13-1996 (Secs. 5-3-2 and 5-3-3 and Ch. 2 of Title 8 of the 1996 Code). Amendments noted where applicable.]
All persons, firms or organizations using, researching, producing or storing hazardous materials and/or infectious agents shall notify the United Fire and Rescue District as prescribed by this section.
The provisions of this section shall apply to all persons, firms or organizations using, researching, producing or storing hazardous materials and/or infectious agents on and after the effective date of this section.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- HAZARDOUS MATERIALS
- Those materials that can cause death or disabling injury from brief exposure; those materials that could cause a lost-time injury from exposure; and those materials that could cause temporary disability or injury without permanent effects which are used, researched, produced or stored within or on premises, except those household consumer products used at the point of consumption and not used for commercial or experimental purposes. This definition of "hazardous materials" shall include radioactive materials.
- INFECTIOUS AGENT
- A bacterial, mycoplasmal, fungal, parasitic or viral agent known to cause illness in humans which is used, researched, produced or stored within or on premises.
Any person, firm or organization using, researching, producing and/or storing any hazardous materials shall provide in writing to the United Fire and Rescue District the following information:
Address/location of where hazardous materials are used, researched, stored or produced;
The trade name of the hazardous material;
The chemical name and any commonly used synonym for the hazardous material and the chemical name and any commonly used synonym for its major components;
The exact locations on the premises where materials are used, researched, stored and/or produced;
Amount of hazardous materials on premises per exact location;
The boiling point, vapor pressure, vapor density, solubility in water, specific gravity, percentage volatile by volume, evaporation rate for liquids and appearance and odor of the hazardous material;
The flashpoint and flammable limits of the hazardous substance;
Any permissible exposure level, threshold limit value or other established limit value for exposure to a hazardous material;
The stability of the hazardous substance;
Recommended fire extinguishing media, special fire-fighting procedures and fire and explosion hazard information for the hazardous material;
Any effect of overexposure to the hazardous material, emergency and first aid procedures and telephone numbers to call in an emergency;
Any condition or material which is incompatible with the hazardous material and must be avoided;
Any personal protective equipment to be worn or used and special precautions to be taken when handling or coming into contact with the hazardous materials; and
Procedures for handling or coming into contact with the hazardous materials.
Any person, firm or organization using, researching, producing and/or storing infectious agents and/or carriers of an infectious agent shall provide in writing to the United Fire and Rescue District the following:
The name and any commonly used synonym of the infectious agent;
Address/location where infectious agents are used, researched, stored and/or produced;
The exact locations where infectious agents are used, researched, stored and/or produced;
Amount of infectious agent on premises per exact location;
Any methods or route of transmission of the infectious agents;
Any symptoms or effect of infection, emergency and first aid procedures and a telephone number to be called in an emergency;
Any personal protective equipment to be worn or used and special precautions to be taken when handling or coming in contact with the infectious agent; and
Procedure for handling, cleanup and disposal of infectious agents leaked or spilled.
Reimbursement for cleanup of spills. Any person who possesses or controls a hazardous material or infectious agent which was discharged or who caused the discharge of a hazardous material or infectious agent shall reimburse the Village for actual and necessary expenses incurred by the Village or its agent to contain, remove or dispose of the hazardous substance or infectious agent or take any other appropriate action which is deemed appropriate under the circumstances.
Every person, firm or corporation using, storing, handling or transporting flammable or combustible liquids, chemicals, gases or other hazardous materials shall comply with the requirements of Ch. Comm 10, Wis. Adm. Code, as the same is now in force and may hereafter from time to time be amended.
Every person, firm or corporation using, storing, handling or transporting (whether by rail or on the highways) flammable or combustible liquids, chemicals, gases or other hazardous materials shall be liable to the Village for the actual cost of labor and materials associated with the use of any specialized extinguishing agent, chemical, neutralizer or similar material or equipment employed to extinguish, confine or clean up any such hazardous material which is involved in any accidental spill or in threat of any fire or accidental spill.
Cleanup required. All persons, firms, or corporations delivering, hauling, disposing, storing, discharging or otherwise handling potentially polluting substances, solid or liquid, such as but not limited to the following, shall immediately clean up any such spilled material to prevent its becoming a hazard to health or safety or directly or indirectly causing pollution to the lakes and streams under the jurisdiction of the Village: fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catch basin wastes, oil or petroleum wastes.
Notification. Spills or accidental release of hazardous materials or pollutants at a site or of a quantity or nature that cannot adequately be cleaned up by the responsible party or parties shall be immediately reported to the Village Clerk-Treasurer so that assistance can be given by the proper agency.
Financial liability. The party or parties responsible for the release, escape or discharge of wastes shall be held financially liable for the cost of any cleanup or attempted cleanup deemed necessary or desirable and undertaken by the Village, or its designated agent, in an effort to minimize the pollutional effects of the discharged waste.
It shall be unlawful for any person, firm or corporation to store any potentially polluting substances unless such substances are stored in such manner as to securely prevent them from escaping onto the ground surface and/or into any street, sewer, ditch or drainageway, lake or stream within the jurisdiction of the Village of Woodville.
Findings and purpose.
The Village Board of the Village of Woodville hereby finds that:
Wood smoke is hazardous to an individual's health and may affect the health of the general public when they are involuntarily exposed to the presence of wood smoke.
Reliable scientific studies, including studies conducted by the Environmental Protection Agency (EPA), have shown that breathing wood smoke is a significant health hazard particularly to children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory functions, including asthmatics and those with obstructive airway disease.
Those woodburning furnaces which are located out of doors emit significantly more smoke than those located indoors due to the manner in which such furnaces are operated.
This section is adopted for the purpose of protecting the public health, safety, comfort, and the general welfare of the people of the Village of Woodville; educating citizens affected by this section; and assisting property owners and managers in maintaining compliance.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- OUTDOOR WOODBURNING FURNACE
- A furnace or similar device designed and intended and/or used through the burning of wood for the purpose of heating the principal structure or another accessory structure such as a garage or storage building. These types of furnaces are characterized by a short stack height and are located outdoors. "Outdoor woodburning furnace" as used herein is not meant to include woodburning furnaces located indoors. This definition includes outside woodburning water stoves.
Prohibition of outdoor woodburning furnaces in the Village of Woodville. It shall be unlawful for any person to operate or use an outdoor woodburning furnace in the Village of Woodville.
Continuation of nonconforming uses. The lawful use of any existing outdoor woodburning furnace existing at the time of the effective date of this section may be continued, although such use does not conform to the provisions of this section, as hereinafter provided.
Extension or enlargement. No nonconforming or preexisting outdoor woodburning furnace shall hereafter be extended, enlarged or expanded.
Abandonment and discontinuance. Any currently existing and used outdoor woodburning furnace which is abandoned or not used for a period of 12 consecutive months shall not be permitted to be reestablished as a nonconforming use, cannot be used, and must be immediately removed by the property owner from the subject premises. If the property owner fails to remove the outdoor woodburning furnace by the end of the twelve-month period, the Village of Woodville Zoning Administrator shall give written notice by certified mail, personal service, or posting to the owner of the property upon which the outdoor woodburning furnace is located. Such notice shall provide that such person shall remove the furnace within 15 days of the notice. Should the outdoor woodburning furnace not be removed in the time specified, the Zoning Administrator shall arrange for the removal of the outdoor woodburning furnace. The cost of removal shall be charged to the owner of the premises. If the cost of removal is not paid within 30 days, it shall be assessed and collected as a special charge against the property pursuant to Wisconsin Statutes.
Termination. At such time as the useful life of a nonconforming or preexisting outdoor woodburning furnace has elapsed or it would need to be repaired to function properly, the unit cannot be repaired or replaced and must be abandoned, not used, and removed from the property immediately.
Enforcement and inspection. The Village of Woodville Zoning Administrator shall have the power, whenever he deems it necessary, to enter upon the premises/property to inspect and ascertain compliance with the requirements of this section.