Findings. The Village finds that:
Increasing production and consumption rates, continuing technological development and energy requirements have led to the generation and use of greater quantities of hazardous materials and associated hazardous waste;
The problems of disposing of hazardous waste are increasing as a result of air and water pollution controls and a shortage of available landfill sites;
While it is technologically and financially feasible for hazardous waste generators to dispose of their waste in a manner which has a less adverse impact on the environment than current practices, such knowledge is not being utilized to the extent possible;
Even though the Village is not heavily industrialized, there is significant daily hazardous waste disposal problems; and
The public health and safety and the environment are threatened where hazardous materials and wastes are not managed in an environmentally sound manner.
- The discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous material or waste into or on any land or water so that the hazardous waste or any constituent thereof may enter the environment, be emitted into the air or discharged into any waters, including groundwaters.
- FIRE CHIEF
- The Fire Chief of the Village of Monticello or his designated officer.
- The act or process of producing hazardous waste.
- HAZARDOUS MATERIAL
- Any element, compound or combination thereof which is flammable, corrosive, etc., and which, because of handling, storage, processing or packaging, may have detrimental effects on operating and emergency personnel, the public, equipment and/or the environment.
- HAZARDOUS WASTE
- Any waste or combination of wastes of a liquid, gaseous or semi-solid form which, because of its quantities, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. Such wastes include, but are not limited to, those which are toxic, carcinogenic, flammable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means, as well as containers and receptacles previously used in the transportation, storage, use or application of substances described as hazardous waste.
- Any individual, partners, corporation (including a government corporation), trust, association, firm, joint stock company, organization, commission, county, municipal, federal or state government or other entity.
- Containment in such manner as not to constitute disposal.
- The movement from the point of production, generation, storage or use to any intermediate site and finally to the point of ultimate storage or disposal.
- Any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of hazardous waste so as to neutralize or render it non-hazardous, safer for transport, amenable for recovery or storage, or reduced in volume.
- TREATMENT FACILITY
- A location for treatment, including an incinerator or a facility where generation has occurred.
Prohibited discharge. No person shall discharge or cause to be discharged, leak, leach or spill upon any public street, alley or public property, or onto the ground, surface waters, subsurface waters, aquifers or on any private property, except those areas specifically licensed for waste disposal or landfill activities within the Village as defined by Subsection (c)(2).
Containment, cleanup and restoration. Any person in violation of this section must, upon direction of the Fire Chief, begin immediate actions to contain, clean up and remove to an approved repository the offending material(s) and restore the site to its original condition. Should any person fail to engage or complete the requirements of this section, the Fire Chief may order the required actions to be taken by public or private resources, with all costs incurred by the Village to be reimbursed by the person violating this section.
Access. Access to any site, public or private, where a prohibited discharge is indicated or suspected shall be provided to the Fire Chief for purposes of evaluating the threat to the public and to monitor containment, clean up and restoration.
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.
Enforcement. The Fire Chief shall have authority to issue citations or complaints under this section.
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 or loss or damage sustained by the Village by reason of such violation and to any individual whose person or property was damaged by such violation.
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 Monticello.