[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Title 8, Ch. 2, of the 2004 Code. Amendments noted where applicable.]
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 Village: fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catch basin 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 Village Clerk-Treasurer 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 Village, or its designated agent, in an effort to minimize the pollutional effects of the discharged waste.
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 Village of Baldwin.
Findings and purpose. The Village Board of the Village of Baldwin hereby finds that:
Wood smoke is hazardous to an individual's health and may affect the health of the general public when they are involuntarily exposed to the presence of wood smoke.
Reliable scientific studies, including studies conducted by the Environmental Protection Agency (EPA), have shown that breathing wood smoke is a significant health hazard particularly to children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory functions, including asthmatics and those with obstructive airway disease.
Those wood-burning furnaces which are located out of doors emit significantly more smoke than those located indoors due to the manner in which such furnaces are operated.
This section is adopted for the purpose of protecting the public health, safety, comfort, and the general welfare of the people of the Village of Baldwin; educating citizens affected by this section; and assisting property owners and managers in maintaining compliance.
Definitions. As used in this section, the following terms shall have the meaning indicated:
- OUTDOOR WOOD-BURNING FURNACE
- A furnace, or similar device, designed and intended, and/or used, through the burning of wood, for the purpose of heating the principal structure or another accessory structure on the premises. These types of furnaces are characterized by a short stack height and are located outdoors. "Outdoor wood-burning furnace" as used herein is not meant to include wood-burning furnaces located indoors, including in an accessory structure such as a garage or storage building. This definition includes outside wood-burning water stoves.
Prohibition of outdoor wood-burning furnaces in the Village of Baldwin. It shall be unlawful for any person to operate or use an outdoor wood-burning furnace in the Village of Baldwin.
Continuation of nonconforming uses. The lawful use of any outdoor wood-burning furnace existing at the time of the effective date of this section may be continued, although such use does not conform to the provisions of this section, as hereinafter provided.
Extension or enlargement. No nonconforming or preexisting outdoor wood-burning furnace shall hereafter be extended, enlarged, or expanded.
Abandonment and discontinuance. Any currently existing and used outdoor wood-burning furnace which is abandoned or not used for a period of 12 consecutive months shall not be permitted to be reestablished as a nonconforming use, cannot be used, and must be immediately removed by the property owner from the subject premises. If the property owner fails to remove the outdoor wood-burning furnace by the end of the twelve-month period, the Village of Baldwin Building Inspector shall give written notice by certified mail, personal service, or posting to the owner of the property upon which the outdoor wood-burning furnace is located. Such notice shall provide that such person shall remove the furnace within 15 days of the notice. Should the outdoor wood-burning furnace not be removed in the time specified, the Building Inspector shall arrange for the removal of the outdoor wood-burning furnace. The cost of removal shall be charged to the owner of the premises. If the cost of removal is not paid within 30 days, it shall be assessed and collected as a special charge against the property pursuant to Wisconsin Statutes.
Termination. At such time as the useful life of a nonconforming or preexisting outdoor wood-burning furnace has elapsed or it would need to be repaired to function properly, the unit cannot be repaired or replaced and must be abandoned, not used, and removed from the property immediately.
Enforcement and inspection. The Village of Baldwin Zoning Administrator shall have the power, whenever he deems it necessary, to enter upon the premises/property to inspect and ascertain compliance with the requirements of this section.