[HISTORY: Adopted by the Town Board of the Town of Grand
Chute 1-7-1997 as § 7.24
of the 1997 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
An operation where any solid, liquid, vaporous, or gaseous
substance that creates a known, potential or suspected material, safety
or health hazard, public nuisance, or a deleterious effect upon the
environment is removed, contained, incinerated, neutralized, stabilized,
cleared up, or in any manner processed, handled or disposed of with
the primary goal of restoring the site to its pre-incident condition
or, secondarily, to make the site harmless to people and the environment.
This language is consistent with the definition of "cleanup operation"
in 29 CFR 1910.120.
A response effort by trained employees from outside the immediate
incident area or by other designated responders to a known, potential
or suspected substance release that results, or is likely to result,
in an uncontrolled release of a known, potential or suspected material,
safety, health or environmental hazard. The intent of defining "emergency
response" in this chapter is to allow trained personnel to implement
and coordinate assessment, containment, cleanup and restoration operations
of substance releases within an incident command system in accordance
with 29 CFR 1910.120.
Each and every individual, agent, firm, company, partnership,
corporation, business establishment, or other enterprise.
Liability without fault. Specifically, each and every entity
responsible for containment of a solid, liquid, vaporous or gaseous
substance at the point of release into the ecosystem of the Town of
Grand Chute, including owners, controllers, and possessors of those
substances, shall assume joint and several responsibility for pecuniary
liabilities of those releases for containment, cleanup, restoration
expenses and associated administrative fees, legal fees, and court
costs. The intent of incorporating strict liability in this chapter
is to reject matters of care, negligence, knowledge, ignorance, good
faith, bad faith, or any other justification as a cause or reason
for being a responsible entity in a substance release incident.
The release into the ecosystem of the Town of Grand Chute of
any solid, liquid, vaporous, or gaseous substance that creates a known,
potential or suspected material, safety, health or environmental hazard
or public nuisance within the Town of Grand Chute, except those occurring
during sanctioned waste disposal, hazardous material collection or
landfill activities, shall be considered such a hazard, unless determined
otherwise by the on-scene incident commander, and be a condition that
warrants an emergency response.
The entity responsible for containment of a solid, liquid, vaporous
or gaseous substance at the point of release into the ecosystem of
the Town of Grand Chute, including owners, controllers, and possessors
of those substances, except those specifically sanctioned to perform
waste disposal, hazardous material collection or landfill activities,
which presents a known, potential or suspected material, safety, health,
or environmental hazard or public nuisance shall begin immediate actions
to clean and clean up the offending substance and restore the site
to its original condition upon direction of any emergency management,
law enforcement or Fire Department representative having jurisdictional
authority. Should an entity fail to comply for any reason or be incapable
of completing the requirements of this section in a time frame that
is acceptable to the incident commander, emergency management, law
enforcement or Fire Department representative having jurisdictional
authority, such public official(s) may order containment, cleanup,
and site restoration actions to be taken by public or private agencies.
No person or entity shall release into the ecosystem of the Town of Grand Chute any solid, liquid, vaporous or gaseous substance that creates a known, potential or suspected material, safety, health or environmental hazard or public nuisance within the Town of Grand Chute, except those occurring during sanctioned waste disposal, hazardous material collection or landfill activities. The entity responsible for containment of a solid, liquid, vaporous or gaseous substance at the point of release into the ecosystem of the Town of Grand Chute, including owners, controllers, and possessors of those substances, shall be strictly liable, jointly and severally, for all reasonable and necessary expenses, as determined by the Town of Grand Chute Fire Department or the Outagamie County Local Emergency Planning Committee (LEPC), for those releases, per § 310-3, plus legal fees and court costs associated with enforcement and collection activities under this chapter.
A.
Agencies involved in the containment, cleanup and restoration of substance releases shall be allowed to recoup reasonable and necessary expenses for those activities, including but not limited to personnel hours, equipment hours, supplies, equipment losses, administrative costs, legal fees and court costs, per § 310-3. Agencies seeking reimbursement under this section shall develop charge-back criteria for substance release response operations and submit that criteria to the Outagamie County Local Emergency Planning Committee (LEPC) for claims review determinations. Agencies seeking reimbursement under this section shall submit claims stating their expenses to the responsible entity with a copy to the Outagamie County LEPC within 30 days of the incident date. Claims for reimbursement received after 30 days of the incident date may not be reviewed or approved by the Outagamie County LEPC, except in cases of protracted site restorations or extenuating circumstances, as determined by the Outagamie County LEPC.
B.
The Outagamie County LEPC shall review claims submitted in accordance with this section and determine those expenses that were reasonable and necessary under § 310-3. The agencies seeking reimbursement shall provide those entities that are strictly liable with written notice of final determinations under this section. If an individual or entity receiving notice objects to the amount of claimed expenses, that individual or entity may petition the Outagamie County LEPC in writing within 10 days of receiving such notice that the Outagamie County LEPC review its determinations. Such request must state specific objections to claimed expenses and offer concise rationale for those objections. The Outagamie County LEPC may modify its determination and shall notify the entity of the results of its review. The Outagamie County LEPC shall be allowed to recoup expenses for processing claims under this section. The entity that is strictly liable under § 310-3 shall make direct reimbursement to each agency that submitted a claim in accordance with this section.
Access to any site, public or private, where there is a known,
potential or suspected substance release will be provided to the incident
commander, emergency management, law enforcement or Fire Department
representative having jurisdictional authority for purposes of implementing
and coordinating assessment, containment, cleanup, and restoration
operations.
Should any substance release occur that indicates a material, safety, health or environmental hazard to the public or any person or persons at, near, or around the incident site and the situation appears to be so critical that immediate action must be taken to protect safety, health, or the environment, the incident commander or emergency management, law enforcement or Fire Department representative having jurisdictional authority on the scene may order an evacuation of the area or take other appropriate measures as determined necessary. Personnel involved in the containment, cleanup, and site restoration of substance releases per § 310-3 shall be trained to the standards required for their functional responsibilities, except that such personnel shall be allowed to perform necessary defensive actions upon the release of substances per § 310-3 to a point where such releases are controlled, contained or otherwise not presenting an unreasonable safety, health or environmental risk and to a point where personnel health and safety of the responders are not placed at unnecessary risk.
A.
Enforcement.
The chief law enforcement official or his designated representative
of jurisdiction shall have authority to issue citations for violations
of this chapter. Citations shall be in a form that is in accordance
with § 66.0113, Wis. Stats.
C.
Civil liability.
Any entity in violation of this chapter shall be liable to the Town
of Grand Chute for any expenses incurred by the Town of Grand Chute
for loss or damage sustained by the Town of Grand Chute or its agents
by reason of such violation, including legal fees and court costs
for enforcement and collection under this chapter.
D.
Obstruction
of agents. No person shall obstruct, hinder or delay the Town of Grand
Chute or any of its agents in the enforcement of an order, rule, regulation
or plan issued pursuant to the authority contained in this chapter.
