[HISTORY: Adopted by the Village Board of the Village of Brandon 12-14-1998 as §§ 5-3-2 and 5-3-3 and Title 8, Ch. 2, of the 1998 Code. Amendments noted where applicable.]
The provisions of this section 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 section.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- HAZARDOUS MATERIALS
- 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.
- INFECTIOUS AGENT
- A bacterial, mycoplasmal, fungal, parasitic or viral agent known to cause illness in humans which is used, researched, produced or stored within or on premises.
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:
Address/location where hazardous materials are used, researched, stored or produced.
The trade name of the hazardous material.
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.
The exact locations on the premises where materials are used, researched, stored and/or produced.
Amounts of hazardous materials on premises per exact location.
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.
Any permissible exposure level, threshold limit value or other established limit value for exposure to a hazardous material.
Recommended fire-extinguishing media, special firefighting procedures and fire and explosion hazard information for the hazardous material.
Any effect of over-exposure to the hazardous material, emergency and first aid procedures and telephone numbers to call in an emergency.
Any condition or material which is incompatible with the hazardous material and must be avoided.
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.
Procedures for handling or coming into contact with the hazardous materials.
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:
The name and any commonly used synonym of the infectious agent.
Address/location where infectious agents are used, researched, stored and/or produced.
The exact locations where infectious agents are used, researched, stored and/or produced.
Amount of infectious agent on premises per exact locations.
Any methods or route of transmission of the infectious agents.
Any symptoms or affect of infection, emergency and first aid procedure and a telephone number to be called in an emergency.
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.
Procedure for handling, cleanup and disposal of infectious agents leaked or spilled.
Reimbursement for cleanup of spills. 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 material or infectious agent or take any other appropriate action which is deemed appropriate under the circumstances.
Prohibited discharges. No person, firm or corporation shall discharge or cause to be discharged, leaked, leached or spilled upon any public or private street, alley, or public or private property, or onto the ground, surface waters, subsurface waters, or aquifers, within the Village of Brandon, 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 incident relating to 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 will be provided to emergency management officers and staff and to Village Police and Fire Department personnel for the purpose of evaluating the threat to the public and monitoring containment, cleanup and restoration activities.
Public protection. 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 be 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.
Enforcement. The Fire Chief and his/her deputies, as well as the Village police officers, shall have authority to issue citations or complaints under this section.
Civil liability. Any person, firm or corporation in violation of this section shall be liable to the Village for any expenses incurred by the Village or loss or damage sustained by the Village of Brandon 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 Village: 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 Village Clerk 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 Village, or its designated agent, in an effort to minimize the pollutional effects of the discharged waste.
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 Village of Brandon.
General provisions. The purpose of this section is to reduce public exposure to health risks where law enforcement officers have determined that hazardous chemicals or residue from a suspected clandestine drug lab site or chemical dump site may exist. Professional reports, based on assessments, testing and investigations, show that chemicals used in the production of illicit drugs can condense, penetrate, and contaminate surfaces, furnishings, and equipment of surrounding structures. The Village Board finds that such sites, and the personal property within such sites, may contain suspected chemicals and residues that place people, particularly children or adults of child-bearing age, at risk when exposed through inhabiting or visiting the site or using or being exposed to contaminated personal property.
Interpretation and application. In the interpretation and application of this section, the provisions herein shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provision of this section are either more or less restrictive to the public than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements on the public shall prevail. Should any court of competent jurisdiction declare any section or subpart of this section to be invalid, such decision shall not affect the validity of the section as a whole or any part thereof, other than the provision declared invalid.
Definitions. For the purposes of this section, the following terms or words shall be interpreted as follows:
- BUILDING INSPECTOR
- The Building Inspector for the Village of Brandon or his/her duly authorized representative(s).
- CHEMICAL DUMP SITE
- Any place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located.
- The Village of Brandon.
- CLANDESTINE DRUG LAB OPERATION
- The unlawful manufacture or attempt to manufacture a controlled substance.
- CLANDESTINE DRUG LAB SITE
- Any place or area where law enforcement has determined that an unlawful clandestine drug lab operation exists or existed. A clandestine drug lab site may include, but is not limited to, dwellings, accessory buildings, structures or units; vehicles; boats; trailers or any other area or locations.
- CONTROLLED SUBSTANCE
- Any drug, substance or immediate precursor in Ch. 961, Wis. Stats., together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
- HOUSEHOLD HAZARDOUS WASTE
- Waste generated from a clandestine drug lab operation.
- In places other than a pharmacy, shall mean and include the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, and the packing, repacking, tableting, encapsulating, labeling, relabeling, or filling of a controlled substance.
- Any person(s), firm(s), corporation(s) or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a site.
- Chemical dump site and/or clandestine drug lab site.
Declaration of site as a public health nuisance. A site, all areas in proximity to a site, and all personal property located on areas in proximity to a site are potentially unsafe due to health hazards and are hereby declared to be a public health nuisance.
Law enforcement action.
When a law enforcement authority determines the existence of a site, the site and all personal property located in proximity to the site shall be declared a public health nuisance. Law enforcement authorities who identify conditions associated with a site are authorized to take the following action:
Promptly notify the Building Inspector, child protection officials, public health authorities, and the appropriate enforcement division of the Drug Enforcement Administration of the United States Justice Department. This notice must, at a minimum, identify the location of the site, the property owner, if known, and the conditions found on the site;
Treat, store, transport or dispose of all household hazardous waste found at the site in a manner consistent with state and federal rules and regulations;
Issue a temporary declaration of public health nuisance for the site and post a copy of the declaration on all doorway entrances to the site or, in the case of bare land, post the declaration in several conspicuous places on the property. This temporary declaration of public health nuisance issued by law enforcement shall not expire until after the Building Inspector inspects the site and determines the appropriateness of issuing a permanent declaration of public health nuisance;
Notify all persons occupying the site that a temporary declaration of public health nuisance has been issued;
Require all persons occupying the site to immediately vacate the site, to remove all pets from the site, and not to return to the site without written authorization from the Building Inspector;
Notify all occupants vacating the site that all personal property at the site may be contaminated with dangerous chemical residue; and
After all occupants have vacated the site, put locks on each doorway entrance to any buildings located on the site to prohibit people from entering the site without authorization.
Prompt notification of the persons and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives, but only to the extent that public health and child protection responsibilities are not unnecessarily compromised.
Seizure of property. When the site is inside a vehicle, boat, trailer or other form of moveable personal property, law enforcement authorities shall immediately seize it and not allow it to be transported except to a more secure location. In such circumstances, all other requirements of this section shall be followed as closely as possible given the specific type of property in which the site is discovered.
Action by Building Inspector.
Inspection and declaration of nuisance. Within 48 hours of notification that law enforcement authorities have determined the existence of a site, the Building Inspector shall cause the site to be inspected to determine whether to issue a permanent declaration of public health nuisance. Based on the results of the inspection, the Building Inspector may then promptly issue a permanent declaration of public health nuisance and a do-not-enter, unsafe-to-occupy order for the site to replace the temporary declaration issued and posted by law enforcement. A copy of the permanent declaration and order shall be posted on all doorway entrances to the site or, in the case of bare land, shall be posted in several conspicuous places on the property.
Abatement order. Within 24 hours after the permanent declaration of public health nuisance has been issued and posted, the Building Inspector shall send written notice to the site owner ordering abatement of the public health nuisance. The abatement order shall include the following information:
A copy of the declaration of public health nuisance and do-not-enter, unsafe-to-occupy order and a copy of this section;
Information about the potentially hazardous condition of the site;
Notification of the immediate suspension of the site's rental license if applicable; and
Information that may help the owner locate appropriate services necessary to abate the public health nuisance.
Notice to concerned parties. Within three days after the permanent declaration of public health nuisance has been issued and posted, the Building Inspector shall also mail a copy of the permanent declaration of public health nuisance, a copy of this section, and a notification of the suspension of the site's rental licenses, if applicable, to the following concerned parties at their last known address:
Occupants or residents of the site if the identities of such persons are known;
Neighbors in proximity to the site who may be affected by the conditions found, as determined by the Building Inspector,
The Village of Brandon Village Administrator;
The Village of Brandon Chief of Police or his/her duly authorized representative(s); and
The Drug Enforcement Administration of the United States Justice Department, the Fond du Lac County Health Department, the Wisconsin Department of Health Services, and the Wisconsin Department of Natural Resources.
Modification or removal of declaration. The Building Inspector is authorized to modify or remove the permanent declaration of public health nuisance after the Building Inspector receives documentation from a Village-approved environmental hazard testing and cleaning firm stating that the suspected health and safety risks, including those to neighbors and potential dwelling occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration.
Site owner's responsibility to act. Within 10 business days of the date the abatement order is mailed to the owner of the site, the owner shall accomplish the following:
Provide the Building Inspector with written notification:
That the owner has confirmed that all persons and their pets have vacated the site;
Of the name(s) of all children who the owner believes were residing at the site; and
That the site will remain vacated and secured until the public health nuisance is completely abated as required by this section;
Contract with one or more Village-approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current state and federal health guidelines:
A detailed on-site assessment of the extent of contamination at the site and the contamination of the personal property therein;
Soil testing of the site and testing of all property and soil in proximity to the site which the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site;
A complete cleanup of the site (including, but not limited to, the cleanup or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site and a complete cleanup of the demolished site;
A complete cleanup, or disposal at an approved dump site, of all personal property in the site;
A complete cleanup of all property and soil in proximity to the site which is found to have been affected by the conditions found at the site;
Remediation testing and follow-up testing, including, but not limited to, testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced, according to state and federal health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein and of all property and soil in proximity to the site.
Provide the Building Inspector with the identity of the testing and cleaning firm with which the owner has contracted for abatement of the public health nuisance as required above; and
Provide the Building Inspector with a written cleanup schedule with reasonable deadlines for completing all actions required by the abatement order.
Site owner's verification of compliance. The site owner must meet all deadlines established on the cleanup schedule. Pursuant to the deadlines established by the cleanup schedule, the site owner is required to provide the Building Inspector with a signed statement from a Village-approved environmental hazard testing and cleaning firm that the site, all personal property therein and all property and soil in proximity to the site, is safe for human occupancy and use and that the cleanup was conducted in accordance with the most current state and federal health guidelines.
Site owner's responsibility for costs. The site owner is responsible for all costs, including those of the Village, of dealing with and abating the public health nuisance, including contractor's fees and the Village's costs for services performed in association with the site. The Village's costs may also include, but shall not be limited to:
Posting of the site;
Notification of affected parties;
Securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site;
Expenses related to the recovery of costs, including the assessment process;
Legal fees; and
Other associated costs.
Village action and recovery of costs.
If the site owner fails to comply with any of the requirements of this section, the Building Inspector is authorized to take all reasonable actions necessary to abate the public health nuisance, including, but not limited to, contracting with a Village-approved environmental hazard testing and cleaning firm to conduct the work outlined in Subsection H(2) of this section.
If the costs to clean the site or to clean or dispose of the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the Village is authorized to remove or demolish the site, structure or building and/or dispose of the personal property therein. These actions shall be taken in accordance with the provisions of § 66.0413, Wis. Stats., together with any amendments or modifications thereto.
If the Village abates the public health nuisance, in addition to any other legal remedy, the Village shall be entitled to recover all of its out-of-pocket costs plus an additional 25% of such costs for administrative and legal expense. The Village may recover its costs both by civil action against the owner of the site, and by assessing such costs as a special charge against the site and collected at the time real estate taxes are due and payable. The Building Inspector is authorized to notify any lien and/or mortgage holders of the affected site.
Recovery of costs from persons causing damage. No provisions of this section are intended to limit the site owner's, residents' or the Village's right to recover costs incurred under this section from either the persons contributing to the public health nuisance, such as the operators of the site, and/or from other lawful sources.
Site owner and address. When the site is real property and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the property's taxpayer's name and address as that information is maintained by the county auditor's office. When the site is a vehicle, boat or trailer and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the person on file as the owner on the current or most recent title to the vehicle, boat or trailer.
Unauthorized removal of postings. It is unlawful for any person, except authorized Village personnel, to remove a temporary or permanent declaration of public health nuisance and/or do-not-enter, unsafe-to-occupy order from a site.
Entry into or onto site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no persons are permitted to be inside the site, or on the site property without prior written consent of the Building Inspector or as otherwise authorized by this section. To confirm compliance with this section and to execute their duties under this section, law enforcement officers, the Building Inspector, and any persons designated by the Building Inspector, may enter onto the site property or enter into the site at any time while a declaration of public health nuisance is in effect for the site.
Removal of personal property from the site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no personal property may be removed from the site without prior written consent from the Building Inspector. Consent to remove personal property shall only be granted at the reasonable discretion of the Building Inspector, and only in cases of hardship after:
A Village-approved environmental hazard testing and cleaning firm has advised the Village, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all harmful contamination; and
The owner of the personal property agrees, in writing:
That the owner is aware of the danger of using the contaminated property;
That the owner will thoroughly clean the property to remove all contamination before the property is used; and
That the owner releases and agrees to indemnify the Village, its staff, and the Brandon Village Board from all liability to the owner and/or third persons for injuries or damages caused, or alleged to have been caused, by the contaminated property.
Penalties. Any person(s), firm(s), corporation(s), or other entity/entities violating any provision of this section shall, in addition to any costs above set forth, also be subject to a fine of not less than $100 nor more than $1,000 for each violation of this section, together with the costs of prosecution, and, in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the county jail until said forfeiture and costs are paid, but not to exceed six months.