[HISTORY: Adopted by the Town Board of the Town of Herman as indicated in article histories. Amendments noted where applicable.]
Article I Hazardous Materials
Article II Prohibited Discharges and Polluting Substances
Every person, firm or corporation using, storing, handling or transporting flammable or combustible liquids, chemicals, gases or other hazardous materials shall comply with the requirements of Ch. ATCP 93, Wis. Adm. Code, as the same is now in force and may hereafter from time to time be amended.
Every person, firm or corporation using, storing, handling or transporting (whether by rail or on the highways) flammable or combustible liquids, chemicals, gases or other hazardous materials shall be liable to the Town for the actual cost of labor and materials associated with the use of any specialized extinguishing agent, chemical, neutralizer or similar material or equipment employed to extinguish, confine, neutralize, contain or clean up any such hazardous material which is involved in any fire or accidental spill or in the threat of any fire or accidental spill.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Town of Herman provides fire, public safety, 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 Town. Such services may involve property which is not owned by a taxpayer of the Town, such as utility transmission and telephone lines, gas lines, cable television equipment, or hazardous materials, or may involve property owned by a taxpayer of the Town 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.
The Town, pursuant to 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.
Prohibited discharges. No person, firm or corporation shall discharge or cause to be discharged, leaked, leached or spilled upon any public or private street or alley, public or private property, or onto the ground, surface waters, subsurface waters, or aquifers within the Town of Herman, 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.
Emergency services response. Emergency services response includes, but is not limited to, fire service, emergency medical service, and law enforcement. A person, firm, or corporation who or which 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 section. 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.
Site access. Access to any site, public or private, where a prohibited discharge is indicated or suspected shall be provided to emergency management officers and staff and to Fire Department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup and restoration activities.
Civil liability. Any person, firm or corporation in violation of this section shall be liable to the Town for any expenses incurred by the Town or loss or damage sustained by the Town of Herman by reason of such violation.
Cleanup required. All persons, firms, or corporations delivering, hauling, disposing, storing, discharging or otherwise handling potentially polluting substances, solid or liquid, such as, but not limited to, the following, shall immediately clean up any such spilled material to prevent its becoming a hazard to health or safety or directly or indirectly causing pollution to the lakes and streams under the jurisdiction of the Town of Herman: fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catch basin wastes, oil or petroleum wastes.
Notification. Spills or accidental release of hazardous materials or pollutants at a site or of a quantity or nature that cannot adequately be cleaned up by the responsible party or parties shall be immediately reported to the Fire Department so that assistance can be given by the proper agency.
Financial liability. The party or parties responsible for the release, escape or discharge of wastes shall be held financially liable for the cost of any cleanup or attempted cleanup deemed necessary or desirable and undertaken by the Town, or its designated agent, in an effort to minimize the pollutional effects of the discharged waste.
Reimbursement for hazardous material emergency action.
Any person who possessed or controlled a hazardous substance that was discharged or who caused the discharge of a hazardous substance shall reimburse the Town of Herman for actual, reasonable and necessary expenses incurred by the Town of Herman for any emergency action taken under, and consistent with, § 323.71, Wis. Stats., whether such action is taken by the Town of Herman or another entity on its behalf or direction.
Reimbursement as provided under Subsection D(1) above will be accomplished as provided by § 323.71, Wis. Stats., by the Dodge County Board of Supervisors or by local emergency management officials.
Terms not defined above shall have the meaning referred to in § 323.70(1), Wis. Stats.
It shall be unlawful for any person, firm or corporation to store any potentially polluting substances unless such substances are stored in such manner as to securely prevent them from escaping onto the ground surface and/or into any street, sewer, ditch or drainageway, lake or stream within the jurisdiction of the Town of Herman.