[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.]
A.
Applicability.
(1)
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.[1]
(2)
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.
B.
HAZARDOUS MATERIALS
INFECTIOUS AGENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
C.
Information required.
(1)
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:
(a)
Address/location of where hazardous materials are used, researched,
stored or produced;
(b)
The trade name of the hazardous material;
(c)
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;
(d)
The exact locations on the premises where materials are used,
researched, stored and/or produced;
(e)
Amount of hazardous materials on premises per exact location;
(f)
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;
(g)
The flashpoint and flammable limits of the hazardous substance;
(h)
Any permissible exposure level, threshold limit value or other
established limit value for exposure to a hazardous material;
(i)
The stability of the hazardous substance;
(j)
Recommended fire extinguishing media, special fire-fighting
procedures and fire and explosion hazard information for the hazardous
material;
(k)
Any effect of overexposure to the hazardous material, emergency
and first aid procedures and telephone numbers to call in an emergency;
(l)
Any condition or material which is incompatible with the hazardous
material and must be avoided;
(m)
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
(n)
Procedures for handling or coming into contact with the hazardous
materials.
(2)
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:
(a)
The name and any commonly used synonym of the infectious agent;
(b)
Address/location where infectious agents are used, researched,
stored and/or produced;
(c)
The exact locations where infectious agents are used, researched,
stored and/or produced;
(d)
Amount of infectious agent on premises per exact location;
(e)
Any methods or route of transmission of the infectious agents;
(f)
Any symptoms or effect of infection, emergency and first aid
procedures and a telephone number to be called in an emergency;
(g)
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
(h)
Procedure for handling, cleanup and disposal of infectious agents
leaked or spilled.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
[Added 3-11-2008]
A.
Findings and purpose.
(1)
The Village Board of the Village of Woodville hereby finds that:
(a)
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.
(b)
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.
(c)
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.
(2)
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.
B.
OUTDOOR WOODBURNING FURNACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
C.
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.
D.
Nonconforming uses.
(1)
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.
(2)
Extension or enlargement. No nonconforming or preexisting outdoor
woodburning furnace shall hereafter be extended, enlarged or expanded.
(3)
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.[1]
(4)
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.
E.
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.
