[HISTORY: Adopted by the Village Board of the Village of Fox Point as § 24.05 of the 1961 Code. Amendments noted where applicable.]
Solid waste — See Ch. 276.
Hazardous material is defined as either:
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.