City of Monroe, WI
Green County
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Table of Contents
Table of Contents

§ 8-6-1 Definitions.

[11-2-1999; 2016 Code]
In this chapter.
CLEANUP COSTS
Means the actual costs incurred by any department, agency or utility of the city in the response, control or abatement of any objectionable material, including, but not limited to, expenses for equipment, including assumed depreciation, personnel, including benefits, costs of materials used, meals for all personnel involved, costs of specialists, medical expenses for exposures, injuries or illnesses resulting from an incident, experts or other contract labor not in the full-time employment of the city, costs incurred by area police and fire departments requested through mutual aid agreements with the city, and any other incidental costs incurred by the city as a result of such incident.
EXTRATERRITORIAL JURISDICTION
Means all areas outside of the boundaries of the city where the city, by virtue of contracts with towns, fire departments, other municipalities or federal, state, or local agencies, allows any department, agency or utility of the city to enter to provide assistance required by such contract.
FACILITY
Means any area, place, or property where an objectionable material has been released, deposited, stored, disposed of, or otherwise comes to be located.
OBJECTIONABLE MATERIAL
Means material, waste, or a combination of waste and material including solid, liquid, semisolid or contained gaseous material which, because of its quantity, quality, concentration or other physical, chemical or general characteristic, if improperly treated, stored, transported, disposed of or otherwise managed, poses a substantial present or potential hazard to human health or the environment or which represents a public nuisance by virtue of its consistency, appearance, odor or other characteristic.
RESPONSIBLE PARTY
Means the following persons who, by their actions, cause a release or threatened release of an objectionable material: a) The owner or operator of a facility; b) The owner or operator of the facility since the time of disposal of any objectionable material; c) The owner or operator of the facility since the time of disposal of an objectionable material not included in subsections a) and b) of this definition; d) A person that by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment of an objectionable material owned or possessed by the person, by any other person, at the facility owned or operated by another person and containing the objectionable material; e) A person that accepts or accepted any objectionable material for transport to the facility selected by that person; f) The owner or operator of any vehicle, trailer or other transportation device from which an objectionable material escapes.

§ 8-6-2 Duty to conduct cleanup.

[11-2-1999; 2016 Code]
It shall be the duty of a responsible party who accidentally, negligently, or intentionally causes or is responsible for a release, spill or other dissemination of any objectionable material affecting property within the city or its extraterritorial jurisdiction to immediately undertake and complete the total cleanup of such objectionable material. The cleanup shall be conducted in such a manner as to ensure that all such objectionable material is fully removed and properly disposed of and the area is fully restored to its condition before the release, spill or other dissemination of such objectionable material.

§ 8-6-3 Failure to clean up.

[11-2-1999; 2016 Code]
If after having been notified by the city, a responsible party fails to conduct a cleanup of any objectionable material within the time specified in the notice, the city may enter into such property and to conduct a cleanup and proper disposal of all such objectionable material either by city employees or by contractors or other agents of the city, the responsible party shall be liable to the city for all cleanup costs incurred by the city for removal, disposal and the restoration of the property to its former condition.

§ 8-6-4 Schedule of charges.

[11-2-1999; 2016 Code]
The amounts that may be charged by any department, agency or utility of the city and assessed to a responsible party as cleanup costs shall be established from time to time by resolution of the council.

§ 8-6-5 Nonexclusive remedies.

[11-2-1999; 2016 Code]
The remedies provided by this chapter shall be in addition to any other remedies provided by law.