[HISTORY: Adopted by the Common Council of the City of Prescott as indicated in article histories. Amendments noted where applicable.]
Article I Hazardous Materials and Infectious Agents
Article II Pollution Abatement
[Adopted as Secs. 5-3-1 to 5-3-3 of the former City Code]
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 Fire Department the following information:
Address/location 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;
Amounts 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;
Procedures for handling or coming into contact with the hazardous materials.
Any person, firm or organization using, researching, producing and/or storing infectious agent and/or carrier of an infectious agent shall provide in writing to the Fire Department 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 locations;
Any methods or route of transmission of the infectious agents;
Any symptoms of effect of infection, emergency and first aid procedure 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;
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 caused the discharge of a hazardous material or infectious agent shall reimburse the City for actual and necessary expenses incurred by the City 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 circumstance.
Any person, firm, or corporation who possesses or controls a hazardous material or infectious agent which was discharged or causes the discharge of hazardous material or infectious agent shall reimburse the City of Prescott for any and all costs incurred by the City or its agents 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 (whether by rail, boat, City street, county road, or state highway) flammable or combustible liquids or solids, hazardous liquids or solids, hazardous gases, or any other hazardous materials of any size or quantity shall comply with the requirements of Ch. SPS 310, 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, boat, City street, county road, or state highway) flammable or combustible liquids or solids, hazardous liquids or solids, hazardous gases or any other hazardous materials of any size or quantity shall be liable to the City of Prescott for the actual cost of labor and materials associated with the use of any specialized extinguishment agents, chemical neutralizers, or similar material or equipment employed to extinguish, confine or clean up any such hazardous material which is involved in any accidental spill, in threat of any fire, accidental spill, and/or other discharge of hazardous or infectious materials.
Emergency services response includes, but is not limited to, fire service, emergency medical services, law enforcement, and public works. A person, firm, or corporation who possesses or controls a hazardous substance which is discharged or who has caused discharge of a hazardous substance shall be responsible for reimbursement to the responding agencies for actual and necessary expenses incurred in carrying out their duties under ordinance. Actual and necessary expenses may include, but are not limited to: replacement of equipment damaged by the hazardous material, cleaning, decontamination, and maintenance of equipment specific to the incident, costs incurred in the procurement and specialized equipment specific to the incident, specific laboratory expenses incurred in the recognition and identification of hazardous substances in the evaluation of response, decontamination, clean up and medical surveillance, and incurred costs in future medical surveillance or response personnel as required by the responding agency's medical advisor.
Access to any site, public or private, where a prohibited discharge is indicated or suspected will be provided to Fire Department officers and staff, Emergency Management Director, and/or City of Prescott Police Department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup and/or restoration activities.
Should any prohibited discharge occur which threatens the life, safety or health of the public at, near or around the site of a prohibited discharge, and the situation is so critical that immediate steps must be taken to protect life and limb, any Public Safety Manager or the senior police official on the scene of the emergency may order an evacuation of the area or take other appropriate steps for a period of time until the Common Council for the City of Prescott can take appropriate action.
Any Public Safety Manager shall have authority to issue complaints under this section. The City of Prescott Police Department shall be responsible for investigation of complaints under this section.
Any person, firm, or corporation in violation of this section shall be liable to the City of Prescott for any expenses incurred by the City for loss or damage sustained by the City by reason of such violation.
[Adopted as Title 8, Ch. 2, of the former City Code]
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 City: fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catchbasin 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 Fire Department 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 City Administrator, or its designated agent, in an effort to minimize the pollutional effects of the discharged waste.
Reimbursement for hazardous material emergency action.
Any person who possessed or controlled a hazardous substance that was discharged or who caused the discharge of a hazardous substance shall reimburse the City of Prescott for actual, reasonable and necessary expenses incurred by the City of Prescott for any emergency action taken under and consistent with § 323.71, Wis. Stats., whether such action be taken by the City of Prescott or another entity on its behalf or direction.
Terms not defined above shall have the meaning referred to in § 323.70(1), Wis. Stats.
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 City of Prescott.