[HISTORY: Adopted by the Village Board of the Village of Winneconne as indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 5-3-2 and 5-3-3 of the 2012 compilation of ordinances, as amended through 5-22-2013]
All persons, firms or organizations using, researching, producing or storing hazardous materials and/or infectious agents shall notify the Winneconne Poygan Fire District as prescribed by this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.
Definitions. As used in this section, 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.
- INFECTIOUS AGENT
- A bacterial, mycoplasma, 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 District 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 flash point and flammable limits of the hazardous substance;
Any permissible exposure level, threshold limit value or other established limit value for exposure to a hazardous material;
The stability of the hazardous substance;
Recommended fire extinguishing media, special firefighting procedures and fire and explosion hazard information for the hazardous material;
Any effect of over-exposure to the hazardous material, emergency and first aid procedures and telephone numbers to call in an emergency;
Any condition or material which is incompatible 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;
Procedures for handling or coming into contact with the hazardous materials.
Any person, firm or organization using, researching, producing and/or storing an infectious agent and/or a carrier of an infectious agent shall provide, in writing, to the Winneconne Poygan Fire District the following:
The name and any 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;
Amount of infectious agent on premises per exact locations;
Any methods or route of transmission of the infectious agents;
Any symptoms of effect or 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;
Procedure for handling, cleanup and disposal of infectious agents leaked or spilled.
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.
The Village provides fire, police and other response services for the protection of the public health, safety and welfare, the costs of which are funded from the general tax revenue of the Village. Such services may involve property which is not owned by a property taxpayer of the Village such as utility transmission and telephone lines, gas lines, cable television equipment, or hazardous materials, or may involve property owned by a taxpayer of the Village, but which requires extraordinary response services, such as an open burning site or a hazardous substances or hazardous waste handling or storage site. Such response services benefit the owner or person in charge of such property and the public health, safety and welfare; and
The Village, pursuant to § 61.34, Wis. Stats., and its police powers may collect the costs of such response services from the owner or person in charge of the property if it is deemed proper and in the best interest of the public health, safety and welfare.
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 unto the groundwater, surface waters, subsurface waters, or aquifers, or within the Village of Winneconne, except those areas specifically licensed for waste disposal or landfill activities 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 negative effect on the environment.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- EMERGENCY SERVICES RESPONSE
- Includes, but is not limited to: fire service, emergency medical service and law enforcement. A person, firm, or corporation who possesses or controls a hazardous substance which is discharged or who causes the discharge of a hazardous substance shall be responsible for reimbursement to the responding agencies for actual and necessary expenses incurred in carrying out their duties under this chapter. Actual and necessary expenses may include, but not be limited to: replacement of equipment damaged by the hazardous material, cleaning, decontamination and maintenance of the equipment specific to the incident, specific laboratory expenses incurred in the recognition and identification of hazardous substances in the evaluation of response, decontamination, costs incurred in the procurement and use of specialized equipment specific to the incident, cleanup and medical surveillance, and incurred costs in future medical surveillance of response personnel as required by the responding agency's medical advisor.
- HAZARDOUS SUBSTANCES OR HAZARDOUS WASTE
- As defined in § 289.01(11) and (12), Wis. Stats.
- The personal property or real estate directly involved in the response services, including, but, not limited to, utility transmission or telephone line, gas line, cable television equipment, open burning site or hazardous substance or hazardous waste handling or storage site.
- VILLAGE RESPONSE SERVICES
- Village of Winneconne police, fire, utilities, public works, or other similar response services.
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 Village Police Department and Winneconne Poygan Fire District 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 that the situation is so critical that immediate steps must be taken to protect life and limb, the Village President his/her assistant, or the senior Village police 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 Village Board can take appropriate action.
Enforcement. The Fire Chief and his/her deputies, as well as the Village law enforcement officers, 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 of Winneconne by reason of such violation.
Responsibility for costs.
In the event the Village Board determines the costs incurred for Village response services are extraordinary in amount or the services for which the costs are incurred are extraordinary in type, the Village Board shall review and determine whether to seek reimbursement for the extraordinary costs from the owner of the property. The Board shall consider the amount of the costs involved, the nature of the response services, the impact of the response on other Village services, and such other factors it deems appropriate in making its determination.
The Village Board may direct the Village Clerk-Treasurer to issue an invoice for the costs of labor and materials, or a portion thereof, to the owner or person in charge of the property. The invoice shall include an itemization of the costs and a requirement for payment within 30 days.
[Adopted as Title 8, Ch. 2, of the 2012 compilation of ordinances, as amended through 5-22-2013; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 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.
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 Police 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 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 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 drainage way, lake or stream within the jurisdiction of the Village of Winneconne.