Village of Baldwin, WI Chapter 326 Hazardous Materials

[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Secs. 5-3-2 and 5-3-3 of the 2004 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Fire department — See Ch. 74.

Fires and fire prevention — See Ch. 304.

Police department — See Ch. 127.

§ 326-1 Disclosure of hazardous materials and infectious agents; reimbursement for cleanup of spills.

A. Application.

(1) All persons, firms or organizations using, researching, producing or storing hazardous materials and/or infectious agents shall notify the Fire Department as prescribed by this section.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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. 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.

C. Information required.

(1) 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:

(a) Address/location 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) Amounts 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 material;

(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 material;

(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;

(n) Procedures for handling or coming into contact with the hazardous materials.

(2) 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:

(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 of 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;

(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 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 material or infectious agent or take any other appropriate action which is deemed appropriate under the circumstance.

§ 326-2 Hazardous material incident response; reimbursement.

A. Prohibited discharges. No person, firm or corporation shall discharge or cause to be discharged, leaked, leached or spilled upon any public or private street, alley, or public or private property, or onto the ground, surface waters, subsurface waters, or aquifers, within the Village of Baldwin, 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.

B. Emergency services response. Emergency services response includes, but is not limited to, fire service, emergency medical service, and law enforcement. A person, firm, or corporation which possesses or controls a hazardous material which is discharged or which causes the discharge of a hazardous material shall be responsible for reimbursement to the responding agencies for actual and necessary expenses incurred in carrying out their duties under this chapter. 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 materials 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.

C. Site access. 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 and Fire Department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup and restoration activities.

D. Public protection. 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.

E. Enforcement. The Fire Chief and his/her deputies, as well as the Village police officers, shall have authority to issue citations or complaints under this section.

F. Civil liability. Any person, firm or corporation in violation of this section shall be liable to the Village for any expenses incurred by the Village for loss or damage sustained by the Village of Baldwin by reason of such violation.