[HISTORY: Adopted by the Village Board of the Village of Waterford 1-24-1994 by Ord. No. 297 (§ 6.06 of the 1998 Code). Amendments noted where applicable.]
No person, firm or corporation shall discharge or cause to be discharged, leaked, leached, or spilled upon any public street, alley, or public property, or onto the ground, surface waters, subsurface waters, or aquifers, or on any private property within the Village of Waterford, 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 solid, liquid, or gas having a deleterious effect on the environment.
Any person, firm, or corporation in violation of the above section shall, upon direction of any emergency management officer, or police officer acting on behalf of the Village of Waterford, begin immediate actions to contain, clean up, and remove to an approved repository the offending materials and restore the site to its original condition, with the offending person, firm, or corporation being responsible for all expenses incurred in such operation. Should any person, firm, or corporation fail to engage the necessary men and equipment to comply or to complete the requirements of this section, the Coordinator of Emergency Management Services, or police officers acting at his direction, may order the required actions to be taken by public or private resources and allow the recovery of any and all costs incurred by the Village of Waterford.
Access to any site, public or private, where a prohibited discharge is indicated or suspected will be provided to Emergency Management Committee members, the Coordinator, and to Village of Waterford police personnel 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 should the situation in such instance be so critical that immediate steps must be taken to protect life, and public health, the Coordinator of Emergency Management, his assigns, and members of the Waterford Police Department and its assigns, on the scene of the emergency, may order an evacuation of the area or take other appropriate protective steps for the period of time until the Village Board can take the necessary and appropriate action.
The Coordinator of Emergency Management and his deputies, as well as the Village of Waterford Police Department, shall have the authority to issue citations or complaints under this chapter.
Any person, firm or corporation in violation of this chapter shall be liable to the Village of Waterford for any expenses incurred by the Village or for any loss or damage sustained by the Village by reason of violations of this chapter.
Any person who shall violate any provision of this chapter or who shall refuse or intentionally fail to comply with the directives of emergency management authorities promulgated under this chapter during a state of emergency or during any training program or exercise shall be subject to a penalty as provided by Chapter 1, Article II, of this Municipal Code.