[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.]
A.Â
B.Â
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.Â
Information required.
(1)Â
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)Â
Address/location where hazardous materials are used, researched,
stored or produced;
(b)Â
The trade name of the hazardous material;
(c)Â
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)Â
The exact locations on the premises where materials are used,
researched, stored and/or produced;
(e)Â
Amounts of hazardous materials on premises per exact location;
(f)Â
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)Â
The flashpoint and flammable limits of the hazardous material;
(h)Â
Any permissible exposure level, threshold limit value or other
established limit value for exposure to a hazardous material;
(i)Â
The stability of the hazardous material;
(j)Â
Recommended fire extinguishing media, special fire-fighting
procedures and fire and explosion hazard information for the hazardous
material;
(k)Â
Any effect of overexposure to the hazardous material, emergency
and first aid procedures and telephone numbers to call in an emergency;
(l)Â
Any condition or material which is incompatible with the hazardous
material and must be avoided;
(m)Â
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)Â
Procedures for handling or coming into contact with the hazardous
materials.
(2)Â
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)Â
The name and any commonly used synonym of the infectious agent;
(b)Â
Address/location where infectious agents are used, researched,
stored and/or produced;
(c)Â
The exact locations where infectious agents are used, researched,
stored and/or produced;
(d)Â
Amount of infectious agent on premises per exact location;
(e)Â
Any methods or route of transmission of the infectious agents;
(f)Â
Any symptoms of effect of infection, emergency and first aid
procedures and a telephone number to be called in an emergency;
(g)Â
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)Â
Procedure for handling, cleanup and disposal of infectious agents
leaked or spilled.
D.Â
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.