[Adopted 12-7-2005 as Title 5, Ch. 3, Sec. 5-3-2, of the
2005 Village Code]
As used in this article, the following terms shall have the
meanings indicated in this section:
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, mycoplasmal, fungal, parasitic or viral agent
known to cause illness in humans, which is used, researched, produced
or stored within or on a premises.
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.
[Adopted 12-7-2005 as Title 5, Ch. 3, Sec. 5-3-3, of the
2005 Village Code]
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 ground, surface
waters, subsurface waters, or aquifers, or within the Village of Argyle,
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 deleterious effect
on the environment.
As used in this article, the following terms shall have the
meanings indicated in this section:
EMERGENCY SERVICES RESPONSE
Includes, but is not limited to, fire service, emergency
medical service, 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 article.
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.
PROPERTY
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.
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 Fire Department
personnel for the purpose of evaluating the threat to the public and
monitoring containment, cleanup and restoration activities.
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 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.
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 article.
Any person, firm or corporation in violation of this article
shall be liable to the Village for any expenses incurred by the Village
or loss or damage sustained by the Village of Argyle by reason of
such violation.