[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]
A.
Application.
(1)
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)]
(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 section, 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, mycoplasma, 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 District 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 level, threshold limit value or other
established limit value for 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 an infectious agent and/or a carrier of an infectious agent
shall provide, in writing, to the Winneconne Poygan Fire District
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 or route of transmission of the infectious agents;
(f)
Any symptoms of effect or 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.
Purpose; authority.
(1)
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
(2)
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.
B.
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.
C.
EMERGENCY SERVICES RESPONSE
HAZARDOUS SUBSTANCES OR HAZARDOUS WASTE
PROPERTY
VILLAGE RESPONSE SERVICES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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 of Winneconne police, fire, utilities, public works,
or other similar response services.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Responsibility for costs.
(1)
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.
(2)
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)]
A.
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.
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 Police Department
so that assistance can be given by the proper agency.
C.
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.
