[HISTORY: Adopted by the Village Board of the Village of Argyle as indicated in article histories. Amendments noted where applicable.]
Article I Disclosure of Hazardous Materials and Infectious Agents
Article II Reimbursement for Emergency Services Response
[Adopted 12-7-2005 as Title 5, Ch. 3, Sec. 5-3-2, of the 2005 Village Code]
All persons, firms or organizations using, researching or producing hazardous materials and/or infectious agents shall notify the Argyle-Adams Fire Department as prescribed by this article.
The provisions of this article 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 article.
As used in this article, the following terms shall have the meanings indicated in this section:
- 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 a 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 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;
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; and
Procedures for handling or coming into contact with the hazardous materials.
Any person, firm or organization using, researching, producing and/or storing an 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; and
Procedure for handling, cleanup and disposal of infectious agents leaked or spilled.
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 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 circumstance.
[Adopted 12-7-2005 as Title 5, Ch. 3, Sec. 5-3-3, of the 2005 Village Code]
The Village of Argyle provides fire, police and other response services for the protection of the public health, safety and welfare, the costs of which are funded from the general tax revenue of the Village. Such services may involve property which is not owned by a property taxpayer of the Village, such as utility transmission and telephone lines, gaslines, cable television equipment, or hazardous materials, or may involve property owned by a taxpayer of the Village but which requires extraordinary response services, such as an open burning site or a hazardous substances or hazardous waste handling or storage site. Such response services benefit the owner or person in charge of such property and the public health, safety and welfare.
The Village, pursuant to § 61.34, Wis. Stats., and its police powers, may collect the costs of such response services from the owner or person in charge of the property if it is deemed proper and in the best interest of the public health, safety and welfare.
No person, firm or corporation shall discharge or cause to be discharged, leaked, leached or spilled upon any public or private street, alley, public or private property, or unto the ground, surface waters, subsurface waters, or aquifers, or within the Village of Argyle, except those areas specifically licensed for waste disposal or landfill activities and to receive such materials, any explosive, flammable or combustible solid liquid or gas, any radioactive material at or above nuclear regulatory restriction levels, etiologic agents, or any solid, liquid or gas creating a hazard, potential hazard, or public nuisance, or any solid, liquid or gas having a deleterious effect on the environment.
As used in this article, the following terms shall have the meanings indicated in this section:
- EMERGENCY SERVICES RESPONSE
- Includes, but is not limited to, fire service, emergency medical service, law enforcement. A person, firm or corporation who possesses or controls a hazardous substance which is discharged or who causes the 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 this article. Actual and necessary expenses may include but not be limited to replacement of equipment damaged by the hazardous material, cleaning, decontamination and maintenance of the equipment specific to the incident, specific laboratory expenses incurred in the recognition and identification of hazardous substances in the evaluation of response, decontamination, costs incurred in the procurement and use of specialized equipment specific to the incident, cleanup and medical surveillance, and incurred costs in future medical surveillance of response personnel as required by the responding agency's medical advisor.
- HAZARDOUS SUBSTANCES or HAZARDOUS WASTE
- As defined in § 289.01(11) and (12), Wis. Stats.
- The personal property or real estate directly involved in the response services, including but not limited to utility transmission or telephone line, gas line, cable television equipment, open burning site or hazardous-substance or hazardous-waste-handling or storage site.
- VILLAGE RESPONSE SERVICES
- Village of Argyle police, fire, utilities, public works, or other similar response services.
Access to any site, public or private, where a prohibited discharge is indicated or suspected will be provided to emergency government officers and staff and to Village Police Department and Fire Department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup and restoration activities.
Should any prohibited discharge occur that 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, the Village President, his/her assistant, or the senior Village police or fire 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 Village Board can take appropriate action.
The Fire Chief and his/her deputies, as well as the Village law enforcement officers, shall have authority to issue citations or complaints under this article.
Any person, firm or corporation in violation of this article shall be liable to the Village for any expenses incurred by the Village or loss or damage sustained by the Village of Argyle by reason of such violation.
In the event the Village Board determines the costs incurred for Village response services are extraordinary in amount or the services for which the costs are incurred are extraordinary in type, the Village Board shall review and determine whether to seek reimbursement for the extraordinary costs from the owner of the property. The Board shall consider the amount of the costs involved, the nature of the response services, the impact of the response on other Village services, and such other factors it deems appropriate in making its determination.
The Village Board may direct the Village Clerk-Treasurer to issue an invoice for the costs of labor and materials, or a portion thereof, to the owner or person in charge of the property. The invoice shall include an itemization of the costs and a requirement for payment within 30 days.