[HISTORY: Adopted by the Village Board of the Village of
Argyle as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-7-2005 as Title 5, Ch. 3, Sec. 5-3-2, of the
2005 Village Code]
A.
All persons, firms or organizations using, researching or producing
hazardous materials and/or infectious agents shall notify the Argyle-Adams
Fire Department as prescribed by this article.
B.
The provisions of this article shall apply to all persons, firms
or organizations using, researching, producing or storing hazardous
materials and/or infectious agents on and after the effective date
of this article.
As used in this article, the following terms shall have the
meanings indicated in this section:
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.
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.
A.
Any person, firm or organization using, researching, producing and/or
storing any hazardous materials shall provide in writing to the Fire
Department the following information:
(1)
Address, location of where hazardous materials are used, researched,
stored or produced;
(2)
The trade name of the hazardous material;
(3)
The chemical name and any commonly used synonym for the hazardous
material and the chemical name and any commonly used synonym for its
major components;
(4)
The exact locations on the premises where materials are used, researched,
stored and/or produced;
(5)
Amounts of hazardous materials on premises per exact location;
(6)
The boiling point, vapor pressure, vapor density, solubility in water,
specific gravity, percentage volatile by volume, evaporation rate
for liquids and appearance and odor of the hazardous material;
(7)
The flashpoint and flammable limits of the hazardous substance;
(8)
Any permissible exposure level, threshold limit value or other established
limit value for exposure to a hazardous material;
(9)
The stability of the hazardous substance;
(10)
Recommended fire-extinguishing media, special fire-fighting
procedures and fire and explosion hazard information for the hazardous
material;
(11)
Any effect of overexposure to the hazardous material, emergency
and first aid procedures, and telephone numbers to call in an emergency;
(12)
Any condition or material which is incompatible with the hazardous
material and must be avoided.
(13)
Any personal protective equipment to be worn or used and special
precautions to be taken when handling or coming into contact with
the hazardous materials; and
(14)
Procedures for handling or coming into contact with the hazardous
materials.
B.
Any person, firm or organization using, researching, producing and/or
storing an infectious agent and/or carrier of an infectious agent
shall provide, in writing, to the Fire Department the following:
(1)
The name and any commonly used synonym of the infectious agent;
(2)
Address/location where infectious agents are used, researched, stored
and/or produced;
(3)
The exact locations where infectious agents are used, researched,
stored and/or produced;
(4)
Amount of infectious agent on premises per exact locations;
(5)
Any methods or route of transmission of the infectious agents;
(6)
Any symptoms of effect of infection, emergency and first aid procedure,
and a telephone number to be called in an emergency;
(7)
Any personal protective equipment to be worn or used and special
precautions to be taken when handling or coming in contact with the
infectious agent; and
(8)
Procedure for handling, cleanup and disposal of infectious agents
leaked or spilled.
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]
A.
The Village of Argyle provides fire, police and other response services
for the protection of the public health, safety and welfare, the costs
of which are funded from the general tax revenue of the Village. Such
services may involve property which is not owned by a property taxpayer
of the Village, such as utility transmission and telephone lines,
gaslines, cable television equipment, or hazardous materials, or may
involve property owned by a taxpayer of the Village but which requires
extraordinary response services, such as an open burning site or a
hazardous substances or hazardous waste handling or storage site.
Such response services benefit the owner or person in charge of such
property and the public health, safety and welfare.
B.
The Village, pursuant to § 61.34, Wis. Stats., and its
police powers, may collect the costs of such response services from
the owner or person in charge of the property if it is deemed proper
and in the best interest of the public health, safety and welfare.
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:
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.
As defined in § 289.01(11) and (12), Wis. Stats.
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.
Village of Argyle police, fire, utilities, public works,
or other similar response services.
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.
A.
In the event the Village Board determines the costs incurred for
Village response services are extraordinary in amount or the services
for which the costs are incurred are extraordinary in type, the Village
Board shall review and determine whether to seek reimbursement for
the extraordinary costs from the owner of the property. The Board
shall consider the amount of the costs involved, the nature of the
response services, the impact of the response on other Village services,
and such other factors it deems appropriate in making its determination.
B.
The Village Board may direct the Village Clerk-Treasurer to issue
an invoice for the costs of labor and materials, or a portion thereof,
to the owner or person in charge of the property. The invoice shall
include an itemization of the costs and a requirement for payment
within 30 days.
