[HISTORY: Adopted by the Village Board of the Village of
Fredonia as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Secs. 5-3-19 to 5-3-21 of the 1995 Code]
Any person, firm or corporation will be charged for the labor
and replacement or cost of any extinguishing agent, chemical, neutralizer
or material used in the extinguishment, confinement, neutralizing
or cleanup of any flammable or combustible liquid, gas, solid or any
hazardous material or chemical involved in any fire or accidental
spill.
A.
Application.
(1)
All persons, firms or organizations using, researching, producing
or storing hazardous materials and/or infectious agents shall notify
the Fire Department as prescribed by this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The provisions of this section shall apply to all persons, firms,
or organizations using, researching, producing or storing hazardous
materials and/or infectious agents on and after the effective date
of this section.
B.
HAZARDOUS MATERIALS
INFECTIOUS AGENT
Definitions. As used in this article, 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.
Information required.
(1)
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)
Address, location of where hazardous materials are used, researched,
stored or produced;
(b)
The trade name of the hazardous material;
(c)
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)
The exact locations on the premises where materials are used,
researched, stored and/or produced;
(e)
Amounts of hazardous materials on premises per exact location;
(f)
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)
The flash point and flammable limits of the hazardous substance;
(h)
Any permissible exposure to a hazardous material;
(i)
The stability of the hazardous substance;
(j)
Recommended fire extinguishing media, special firefighting procedures
and fire and explosion hazard information for the hazardous material;
(k)
Any effect of over-exposure to the hazardous material, emergency
and first aid procedures and telephone numbers to call in an emergency;
(l)
Any condition or material which is incompatible with the hazardous
material and must be avoided;
(m)
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)
Procedures for handling or coming into contact with the hazardous
materials.
(2)
Any person, firm or organization using, researching, producing and/or
storing infectious agent and/or carrier or an infectious agent shall
provide, in writing, to the Fire Department the following:
(a)
The name and any commonly used synonym of the infectious agent;
(b)
Address/location where infectious agents are used, researched,
stored and/or produced;
(c)
The exact locations where infectious agents are used, researched,
stored and/or produced;
(d)
Amount of infectious agent on premises per exact locations;
(e)
Any methods of route of transmission of the infectious agents;
(f)
Any symptoms of effect of infection, emergency and first aid
procedure and a telephone number to be called in an emergency;
(g)
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)
Procedure for handling, cleanup and disposal of infectious agents
leaked or spilled.
D.
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
substance or infectious agent or take any other appropriate action
which is deemed appropriate under the circumstance.
A.
Every 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 and may hereafter from time
to time be amended.
B.
Every person, firm or corporation using, storing, handling or transporting
(whether by rail or on the highways) flammable or combustible liquids,
chemicals, gases or other hazardous materials shall be liable to the
Village 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.
[Adopted as Title 8, Ch. 2, of the 1995 Code; amended at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Cleanup required. All persons, firms, or corporations delivering,
hauling, disposing, storing, discharging or otherwise handling hazardous
materials or 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 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 of Fredonia.
B.
Notification. Spills or accidental release of hazardous materials
or potentially polluting substances 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 Marshal so
that assistance can be given by the proper agency.
[Amended 11-17-2022 by Ord. No. 2022-6]
C.
Financial liability. The party or parties responsible for the release,
escape or discharge of hazardous materials or potentially polluting
substances 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 hazardous materials or potentially
polluting substances.
It shall be unlawful for any person, firm or corporation to
store any hazardous materials or 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 Fredonia.