[Adopted as Sec. 10.13 of the Codification]
No person, firm or corporation shall discharge or cause to be discharged, leak, break, or spill upon or onto any public street, alley or public property or onto the ground, surface water, subsurface waters, or aquifers, or on any private property in the Village any hazardous material as defined in § 10-26.
Any person, firm or corporation in violation of this article must, upon direction of any fire officer, police officer, or public health official of the Village, begin immediate actions to contain, clean up and remove to an approved depository the offending material(s) and restore the site to its original condition. Should any person, firm, or corporation fail to engage or complete the requirement of this article, the Fire, Police, or Health Department may order the owner or lessee to take the required action or, in default thereof, may, in behalf of the Village, without the taking of bids, do the necessary work with all costs incurred by the Village to be reimbursed by anyone violating this section.
The owner or lessee of any site, public or private, where a prohibited discharge is occurring or where there is probable cause to believe that such discharge is occurring shall provide access to personnel of the Village for the purpose of allowing them to evaluate the threat to public health and safety or to monitor the containment, cleanup or restoration activity needed for the protection of the environment, public health, or safety. In the event voluntary access is not granted by the owner or lessee, the appropriate officer or employee of the Fire, Police or Health Department may obtain an administrative search warrant and, after receiving the same, may enter the premises.
Should any prohibited discharge occur that reasonably causes a threat to the life, safety, welfare or health of the public, evacuation of the area or take other appropriate protective steps for such period of time as needed until the Village Manager, his designee, and/or emergency government officials can act.
A police officer shall have the authority to make complaints and issue citations and summons under this article.
Any person, firm or corporation in violation of this article shall be liable to the Village and to any individual whose person or property was damaged by such violation for any and all expenses incurred by the Village and loss or damage sustained by the Village, or assisting private or public agencies by reason of such violation.
As used in this article, the following terms shall have the meanings indicated:
HAZARDOUS MATERIAL
Either:
A. 
Any material or combination of materials of a solid, or liquid, or contained gaseous or semisolid form which, because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment. Such material includes but is not limited to material which is toxic, carcinogenic or flammable. Such material also includes irritants and strong sensitizers and materials which generate pressure because of decomposition of heat. Likewise, toxic material also includes containers and receptacles previously used in transportation, storage, use or application of material described herein as hazardous material.
B. 
Hazardous waste is described in the Wisconsin Administrative Code, § NR 661.03.
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 17, Article III, General Penalty, of this Code, plus state surcharge, and court costs; for each subsequent offense, together with costs of prosecution in each instance. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.
[Amended by Ord. No. 1375]
Each day that the violation is permitted or continues to exist shall constitute a separate offense.