[Adopted by the City Council of the City of Lake Mills 12-15-2009 by Ord. No. 1054 as Title 9, Ch. 3, of the 2009 Code of Ordinances. Amendments noted where applicable.]
A. 
Purpose. The purpose of this chapter is to insure that responsible parties take safe and effective hazardous substance emergency immediate actions to protect public health, safety, and welfare.
B. 
Applicability. The Lake Mills City Council finds that to insure proper emergency responses are undertaken at the scene of a hazardous substance discharge, the Fire Department requires authority to immediately take whatever emergency actions necessary under § 292.11,Wis. Stat., and that it considers appropriate under the circumstances to halt a hazardous substance discharge and to minimize the harmful effects of the discharge to the air, lands, or waters of the state.
As used in this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
DISCHARGE
The deposit, injection, dumping, spilling, leaking, placing, pumping or pouring of any hazardous substance or waste into or on any land or water so that this hazardous substance or any constituent thereof may enter the environment, be emitted into the air, or enter into any waters, including ground waters.
FIRE CHIEF
The Fire Chief of the City of Lake Mills or his/her designated agent.
HAZARDOUS SUBSTANCES
Any substance or combination of substances, including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the Department of Natural Resources.
PERSON
Any individual, partnership, limited liability partnership, corporation, trust, association, firm, joint stock company, organization, commission, the state or federal government or other entity.
No person shall discharge or cause to discharge, leak, leach or spill any hazardous substance as defined in § 393-2 upon any public street, alley or public property, or onto the ground, surface waters, subsurface waters, aquifers, or on any private property within the City.
Any person who possesses or controls a hazardous substance that is discharged or who causes the discharge of a hazardous substance shall take the actions necessary to protect public health and safety and prevent damage to property.
If action required under § 393-4 is not being adequately taken or the identity of the person(s) responsible for the discharge of a hazardous substance is unknown and the discharge threatens public health or safety or damage to property, the Fire Department may take any emergency action consistent with any contingency plan established by the Department of Natural Resources and that the Fire Chief and/or other officers in charge consider appropriate under the circumstances, and all costs for actual, reasonable and necessary expenses incurred thereby shall be reimbursed to the City by the person(s) responsible for the discharge.
A. 
Access. Access to any site, public or private, where a prohibited discharge is indicated or suspected shall be provided to the Fire Chief for purpose of evaluating the threat to the public and monitor containment, cleanup and restoration.
B. 
Public protection. Should any prohibited discharge occur that reasonably causes a threat to the life, safety, or health of the public, the senior fire officer on the scene may order an evacuation of the area or take other appropriate protective steps for a period of time as deemed necessary for the safety of the public.
C. 
Enforcement. The Fire Chief and any Fire Inspector shall have authority to issue citations or complaints under this chapter.