[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.]
A.
B.
HAZARDOUS MATERIALS
INFECTIOUS AGENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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 premises.
C.
Information required.
(1)
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:
(a)
Address/location where hazardous materials are used, researched,
stored or produced.
(b)
The trade name of the hazardous material.
(c)
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.
(d)
The exact locations on the premises where materials are used,
researched, stored and/or produced.
(e)
Amounts of hazardous materials on premises per exact location.
(f)
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.
(h)
Any permissible exposure level, threshold limit value or other
established limit value for exposure to a hazardous material.
(j)
Recommended fire-extinguishing media, special firefighting procedures
and fire and explosion hazard information for the hazardous material.
(k)
Any effect of over-exposure to the hazardous material, emergency
and first aid procedures and telephone numbers to call in an emergency.
(l)
Any condition or material which is incompatible with the hazardous
material and must be avoided.
(m)
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.
(n)
Procedures for handling or coming into contact with the hazardous
materials.
(2)
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:
(a)
The name and any commonly used synonym of the infectious agent.
(b)
Address/location where infectious agents are used, researched,
stored and/or produced.
(c)
The exact locations where infectious agents are used, researched,
stored and/or produced.
(d)
Amount of infectious agent on premises per exact locations.
(e)
Any methods or route of transmission of the infectious agents.
(f)
Any symptoms or affect of infection, emergency and first aid
procedure and a telephone number to be called in an emergency.
(g)
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.
(h)
Procedure for handling, cleanup and disposal of infectious agents
leaked or spilled.
D.
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.
A.
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.
B.
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.
C.
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.[1]
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
BUILDING INSPECTOR
CHEMICAL DUMP SITE
CITY
CLANDESTINE DRUG LAB OPERATION
CLANDESTINE DRUG LAB SITE
CONTROLLED SUBSTANCE
HOUSEHOLD HAZARDOUS WASTE
MANUFACTURE
OWNER
SITE
Definitions. For the purposes of this section, the following terms
or words shall be interpreted as follows:
The Building Inspector for the Village of Brandon or his/her
duly authorized representative(s).
Any place or area where chemicals or other waste materials
used in a clandestine drug lab operation have been located.
The Village of Brandon.
The unlawful manufacture or attempt to manufacture a controlled
substance.
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.
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.
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.
D.
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.
E.
Law enforcement action.
(1)
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:
(a)
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;
(b)
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;
(c)
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;
(d)
Notify all persons occupying the site that a temporary declaration
of public health nuisance has been issued;
(e)
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;
(f)
Notify all occupants vacating the site that all personal property
at the site may be contaminated with dangerous chemical residue; and
(g)
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.
(2)
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.
F.
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.
G.
Action by Building Inspector.
(1)
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.
(2)
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)
A copy of the declaration of public health nuisance and do-not-enter,
unsafe-to-occupy order and a copy of this section;
(b)
Information about the potentially hazardous condition of the
site;
(c)
Notification of the immediate suspension of the site's
rental license if applicable; and
(d)
Information that may help the owner locate appropriate services
necessary to abate the public health nuisance.
(3)
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:
(a)
Occupants or residents of the site if the identities of such
persons are known;
(b)
Neighbors in proximity to the site who may be affected by the
conditions found, as determined by the Building Inspector,
(c)
The Village of Brandon Village Administrator;
(d)
The Village of Brandon Chief of Police or his/her duly authorized
representative(s); and
(e)
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.
(4)
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.
H.
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:
(1)
Provide the Building Inspector with written notification:
(a)
That the owner has confirmed that all persons and their pets
have vacated the site;
(b)
Of the name(s) of all children who the owner believes were residing
at the site; and
(c)
That the site will remain vacated and secured until the public
health nuisance is completely abated as required by this section;
(2)
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)
A detailed on-site assessment of the extent of contamination
at the site and the contamination of the personal property therein;
(b)
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;
(c)
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;
(d)
A complete cleanup, or disposal at an approved dump site, of
all personal property in the site;
(e)
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;
(f)
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.
(g)
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
(h)
Provide the Building Inspector with a written cleanup schedule
with reasonable deadlines for completing all actions required by the
abatement order.
I.
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.
J.
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:
(1)
Posting of the site;
(2)
Notification of affected parties;
(3)
Securing the site, providing limited access to the site, and prosecution
of unauthorized persons found at the site;
(4)
Expenses related to the recovery of costs, including the assessment
process;
(5)
Laboratory fees;
(6)
Cleanup services;
(7)
Administrative fees;
(8)
Legal fees; and
(9)
Other associated costs.
K.
Village action and recovery of costs.
(1)
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.
(2)
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.
(3)
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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:
(1)
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
(2)
The owner of the personal property agrees, in writing:
(a)
That the owner is aware of the danger of using the contaminated
property;
(b)
That the owner will thoroughly clean the property to remove
all contamination before the property is used; and
(c)
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.
Q.
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.
