[HISTORY: Adopted by the Town Board of the Town of Vinland as indicated in article histories. Amendments noted where applicable.]
§ 242-1 Disclosure of hazardous materials and infectious agents; reimbursement for cleanup of spills.
[Adopted as Title 5, Ch. 3, of the 2004 Code]
§ 242-1 Disclosure of hazardous materials and infectious agents; reimbursement for cleanup of spills.
All persons, firms or organizations using, researching, producing or storing hazardous materials and/or infectious agents shall notify the Fire Department serving the Town of Vinland as prescribed by this section.
The provisions of this section shall apply to all persons, firms or organizations, other than farms engaged in production agriculture, using, researching, producing or storing hazardous materials and/or infectious agents on and after the effective date of this article.
Definitions. As used in this article, 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. "Hazardous materials" includes the list of hazardous wastes which are promulgated by the United States Environmental Protection Agency under Section 6921(b) of the Resource Conservation and Recovery Act, as amended, and as further set forth in § 291.05, Wis. Stats.
- 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 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 the 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 compatible 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 infectious agent and/or carrier of an infectious agent shall provide in writing to the Fire Department the following:
The name and 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;
Amounts of infectious agent on premises per exact locations;
Any methods of route of transmission of infectious agents;
Any systems 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.
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, public or private property or onto the ground, surface waters, subsurface waters or aquifers within the Town of Vinland, except those areas specifically licensed for waste disposal, landfill activities or farming activities using accepted farming practices 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.
Containment, cleanup and restoration. Any person, firm or corporation in violation of the above subsection shall, upon direction of any emergency government officer to the Fire Department, begin immediate actions to contain, clean up and remove to any approved repository the offending material(s) and restore the site to its original condition, with the offending person, firm or corporation being responsible for all expenses incurred. Should any person, firm or corporation fail to engage the necessary persons and equipment to comply or to complete the requirements of this subsection, the Office of Emergency Government may order the required actions to be taken by public or private resources and allow the recovery of any and all costs incurred by the Town of Vinland.
Emergency services response. Any emergency services response includes, but is not limited to, fire service, emergency medical service and law enforcement personnel. A person, firm or corporation who possesses or controls a hazardous substance may be held by the Town Board to be responsible for reimbursement to the responding agencies for actual and necessary expenses incurred in carrying out their duties under this chapter. The Town Board, at its option, may require that a property owner pay a service fee if a fire department must respond. Actual and necessary expenses may include, but are not limited to, replacement of equipment damaged by the hazardous material; cleaning, decontamination, and maintenance of the equipment specific to the incident; costs incurred in the procurement and use of specialized equipment specific to the incident; specific laboratory expenses incurred in the recognition and identification of hazardous substances in the evaluation of response, decontamination, cleanup and medical surveillance and incurred costs in future medical surveillance of response personnel as required by the responding agency's medical advisor.
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 law enforcement and fire department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup and restoration activities.
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 senior law enforcement 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 Vinland Town Board can take appropriate action.
Reimbursement for cleanup of spills. Any person who possesses or controls a hazardous material or infectious agent which was discharged or who caused the discharge of a hazardous material or infectious agent shall reimburse the Town for actual and necessary expenses incurred by the Town 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.
Any person, firm or corporation using, storing, handling or transporting flammable or combustible liquids, chemicals, gasses or other hazardous materials shall comply with the requirements of Ch. ATCP 93, Wis. Adm. Code, as the same is now in force or may hereafter from time to time be amended.
Every person, firm or corporation using, storing, handling or transporting (whether by rail or on the highways) flammable or combustible liquids, chemicals, gasses or other hazardous materials shall be liable to the Town for the actual cost of labor and materials associated with the use of any specialized extinguishing agent, chemical, neutralizer or similar material or equipment employed to extinguish, confine or clean up any such hazardous material which is involved in any accidental spill or in threat of any fire or accidental spill.
Violations of this article are punishable as set forth in § 1-4, General penalty, of this Code.
[Adopted as Title 8, Ch. 2, of the 2004 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: 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, shall immediately clean up any such spilled material to prevent it becoming a hazard to health or safety or, directly or indirectly, causing pollution to the lakes and streams under the jurisdiction of the Town.
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 Town 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 Town of Vinland for actual, reasonable and necessary expenses incurred by the Town of Vinland for any emergency action taken under and consistent with §§ 323.11 and 323.14(3)(a), (4), Wis. Stats., whether such action be taken by the Town of Vinland or another entity on its behalf or direction.
Reimbursement as provided under Subsection D(1) above will be accomplished as provided by §§ 323.70(1) and 323.71, Wis. Stats., by the Winnebago County Board of Supervisors or by local emergency officials.
Terms not defined above shall have the meanings referred to in §§ 323.70(1) and 323.71, 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 Town of Vinland.