[HISTORY: Adopted by the Village Board of the Village of
Soldiers Grove 5-4-1989. Amendments noted where applicable.]
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 onto the ground, surface
waters, subsurface waters or aquifers within the Village of Soldiers
Grove, 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.
Any person, firm or corporation in violation of the above section shall, upon direction of any emergency management officer, begin immediate actions to contain, clean up and remove to an approved repository the offending material(s) and restore the site to its original condition, with the offending person, firm or corporation being responsible for all expenses incurred. 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 Office of Emergency Management may order the required actions to be taken by public or private resources and allow the recovery of any and all costs incurred the Village of Soldiers Grove as action imposed by § 115-3.
Emergency services response includes, but is not limited to,
fire service, emergency medical service, and 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 chapter. 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, costs incurred in the procurement and use
of specialized equipment specific to the incident, specific laboratory
expenses incurred in the recognition and identification of hazardous
substances in the evaluation of response, decontamination, cleanup
and medical surveillance, and incurred cost in future medical surveillance
of response personnel as required by the responding agencies'
medical advisor.
Access to any site, public or private, where a prohibited discharge
is indicated or suspected will be provided to emergency management
officers and staff and to Soldiers Grove Police 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 Coordinator of Emergency Management,
his assistant, or the senior Soldiers Grove 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 Coordinator of Emergency Management and his deputies, as
well as the Soldiers Grove police officers, shall have 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 Soldiers Grove for any expenses
incurred by the Village of Soldiers Grove or loss or damage sustained
by the Village of Soldiers Grove by reason of such violations.
Any person, firm or corporation in violation of this chapter
shall forfeit to the Village of Soldiers Grove, upon conviction thereof,
not to exceed $100 plus the costs of prosecution and, in default of
payment thereof, imprisonment in the county jail for 10 days. Each
day of violation shall constitute a separate offense.
