[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997
by Ord. No. 97-1461 as Sec. 12.21 of the 1997 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes, but is not limited to, any spilling, leaching, pumping,
pouring, emitting, emptying, escaping, releasing, disposing, injecting or
dumping.
Any materials of a solid, 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 mortality or 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, or other material as set forth
in § 289.01(11), Wis. Stats., as amended from time to time. Such
material also includes irritants and strong sensitizers and materials which
generate pressure because of decomposition or heat. Toxic materials includes
containers and receptacles previously used in transportation, storage, use
or application or material described herein as hazardous material.[1]
Any solid waste as defined in § NR 500.03, Wis. Adm. Code,
as amended from time to time.
Any individual, owner, operator, corporation, partnership or association.
A.
Prohibited discharge.
(1)
No person shall discharge, allow or cause to be discharged
any hazardous materials upon or into any public street, alley or public property;
onto the ground, surface water, subsurface waters or aquifers; or on any private
property, except those areas licensed for waste disposal or landfill activities
for hazardous material as defined in this chapter.
(2)
This section shall not apply to an induction well for
which the owner or lessee has a valid permit from the United States Environmental
Protection Agency. Likewise, this section shall not apply to any activity
expressly licensed or permitted by the United States Atomic Energy Commission
or the Wisconsin Department of Natural Resources.
B.
Containment, cleanup and restoration. Any person in violation
of this section shall, upon the direction of any of the city's police,
fire or public health official, take immediate action to contain, clean up
and remove to an approved depository the offending materials and restore the
site to its original condition. Should any person fail to engage or complete
the requirements of this section, the Police, Fire or Health Department may
order the owner or lessee to take the required action or, in default thereof,
may on behalf of the city, without taking bids, do the necessary work, with
all costs incurred by the city to be reimbursed by anyone violating this section.
C.
Public protection. Should any prohibited discharge occur
that reasonably causes a threat to the life, safety, welfare or health of
the public, the Police, Fire or Health Department officer or employee on the
scene may order evacuation of the area or take other appropriate protective
steps for such period of time as needed.
D.
Access. When a prohibited discharge has occurred or is
reasonably thought to have occurred, access to the site upon notice to the
owner or occupant, whether on public or private land, shall be granted to
Police, Fire and Health Department personnel for the purpose of evaluating
the extent of the discharge, monitoring the cleanup and restoration of the
site. Notice to the owner or occupant is not required if the delay will result
in imminent risk to public health or safety or the environment.
Upon learning that a prohibited discharge, as set forth in this chapter,
has taken place, all persons shall immediately notify the City Police Department
of the time and place of the prohibited discharge and the substance discharged,
if known.
A.
The Police Department shall have authority to issue citations
and summons for violations of this chapter.
B.
Any person in violation of this chapter shall be liable
to the city and to any individual whose person or property was damaged by
such violation for any and all expenses incurred by the city and loss or damage
sustained by the city by reason of such violation.
