[HISTORY: Adopted by the Village Board of the Village of Elm Grove 7-13-1987. Amendments noted where applicable.]
The purpose of this chapter is to:
Ensure the safety of the general populace by providing for appropriate, prompt, safe and effective means of regulating substances and actions which contaminate, or may potentially contaminate, or render unclean or impure the air, land or waters of the Village of Elm Grove or make the same injurious to public health, harmful for commercial or recreational use or injurious to fish, bird, animal or plant life.
Provide a means for the prevention and/or remedy of contamination by substances and actions which may contaminate or render unclean or impure the air, land or waters of the Village of Elm Grove or may make the same injurious to public health, harmful for commercial or recreational use or injurious to fish, bird, animal or plant life.
Provide a means by which the Village of Elm Grove may seek compensation for services rendered at the expense of the Village of Elm Grove by it, or on its behalf, from any person whose actions or neglect has caused the release of substances or wastes which are sought to be controlled by Subsection A.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes but is not limited to spilling, leaking, pumping, pouring, emitting, emptying or dumping.
- Discarded materials resulting from the handling, processing, storage or consumption of food.
- HAZARDOUS SUBSTANCE
- Any substance or combination of substances, including any waste of a solid, semisolid, liquid or gaseous form, which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the Wisconsin Department of Natural Resources or the United States Department of Transportation or the United States Environmental Protection Agency.
- An individual, owner, operator, corporation, partnership, association, municipality, interstate agency, state agency or federal agency.
- PREVENTIVE MEASURES
- The installation or testing of equipment or devices, a designated way of performing a specified operation or the preparation of an emergency response plan.
- REGISTERED PESTICIDE
- Any substance or mixture of substances properly registered with the Wisconsin Department of Agriculture or under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.), as amended, and regulations issued under that Act which is labeled, designed or intended for use in preventing, destroying, repelling or mitigating any pest or as a plant regulator, defoliant or desiccant.
- Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations and from community activities, but does not include solids or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Ch. 283, Wis. Stats., source material, as defined in § 254.31(10), Wis. Stats., special nuclear material, as defined in § 254.31(11), Wis. Stats., or by-product material, as defined in § 254.31(3), Wis. Stats.
No person, except those persons specifically exempted under § 164-12, shall discharge or cause to be discharged any hazardous substance into or onto the air, lands or waters contained within the limits of the Village of Elm Grove.
The Village of Elm Grove Fire Department may require that preventive measures be taken by any person possessing or having control over a hazardous substance if the Fire Department finds that existing control measures are inadequate to prevent discharges.
Any person who does discharge or cause to be discharged any hazardous substance shall notify the Village of Elm Grove Fire Department immediately of any discharge not exempted under § 164-12 in addition to reporting the discharge to any state or federal agency which may also require notice.
Any person in violation of § 164-3 shall immediately take all actions necessary to contain and clean up the discharge by removing the hazardous substance to a repository approved by the appropriate state or federal department or agency. Persons in violation of § 164-3 shall also take the actions necessary to restore the environment to the extent necessary to minimize the harmful effects from the discharge to the air, lands or waters within the Village of Elm Grove.
In any case where action required of a person under § 164-6 is not being adequately taken or the identity of the person responsible for the discharge is unknown, any duly authorized officer, employee or agent of the Village of Elm Grove Fire or Police Department may identify, locate, monitor, contain, remove or dispose of the hazardous substance or take any other emergency action which said officer deems appropriate under the circumstances.
Any duly authorized officer, employee or agent of the Village of Elm Grove may, upon notice to the owner or occupant, enter any property, premises or place at any time for the purposes of performing duties under § 164-7 if the entry is necessary to prevent increased damage to the air, land or waters within the Village of Elm Grove. In the event that the owner or occupant of the property, premises or place refuses to allow access after having been given notice, the warrant provisions contained within Ch. 61, Wis. Stats., shall be followed. However, no notice to the owner or occupant or warrant is required if the delay necessary to provide them will result in imminent risk to public health or safety or to the environment.
Should any discharge prohibited under this chapter occur that reasonably poses a threat to the life, safety or health of the public, the senior Village of Elm Grove Fire or Police Department official on the scene may order an evacuation of the area or take other appropriate protective steps for a period of time until the emergency is deemed to have passed.
The person who possessed or controlled a hazardous substance which was discharged or who caused the discharge of a hazardous substance shall reimburse the Village of Elm Grove for all actual and necessary expenses, in addition to reasonable costs and overhead, incurred in carrying out its duties under § 164-7. Additionally, as provided in § 66.60(16), Wis. Stats., the Elm Grove Village Board shall have the authority to, without notice, allocate said costs and expenses against property which has been the site of a violation of § 164-3 as a special assessment or special charge. In the event that any special charge remains unpaid for longer than 30 days, a lien against the property shall be created in accordance with the provisions of § 66.60(16)(b), Wis. Stats.
In addition to those costs enumerated within § 164-10, a person who controlled a hazardous substance which was discharged or who caused the discharge of a hazardous substance shall be subject to a forfeiture of not less than $500 nor more than $10,000 and in default of such payment thereof may be imprisoned not more than 90 days. Each and every day of violation shall constitute a separate offense.
Any person holding a valid permit under Ch. 283, Wis. Stats., is exempted from the reporting and penalty requirements of this chapter with respect to substances discharged within the limits authorized by the permit.
Law enforcement officers, members of a fire department or building or health inspectors using hazardous substances in carrying out their responsibility to protect public health, safety and welfare are exempted from the penalty requirements of this chapter but shall report to the Village of Elm Grove Fire Department any discharges occurring within the performance of their duties.
Any person discharging in conformity with a permit or program approved under Ch. 283, Wis. Stats., is exempted from the reporting and penalty requirements of this chapter.
Any person applying a registered pesticide according to the label instructions is exempted with respect to the reporting and penalty requirements of this chapter.
No common law liability and no statutory liability, state or federal, for damages resulting from a discharge is affected in any manner by this chapter. The authority, power and remedies provided in this chapter are in addition to any authority, power or remedy provided in any other statutes or provided at common law.