[HISTORY: Adopted by the Common Council of the City of Monona
as Title 8, Ch. 2, of the 1994 Code. Amendments noted where applicable.]
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: fuel oil, gasoline, solvents, industrial liquids or
fluids, milk, whey, grease trap and septic tank wastes, sewage sludge,
sanitary sewer wastes, storm sewer catch basin wastes, oil or petroleum
wastes, shall immediately clean up any such spilled material to prevent
it becoming a hazard to health or safety or, directly or indirectly,
causing pollution to the lakes and streams under the jurisdiction
of the City of Monona.
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 Police Department, Fire Department and Wisconsin Department
of Natural Resources 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 City, 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 City of Monona.
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, public or private property, or unto the
ground, surface waters, subsurface waters or aquifers, or within the
City (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 hazardous substance as defined by Ch. 299,
Wis. Stats.[1]
B.
Notification. Any discharge or release into the environment of any
hazardous waste or substance shall be immediately reported to the
Police Chief, Fire Chief or Director of Public Works, who shall take
immediate steps to cause the containment, removal and proper disposal
of such waste or substance in the event the person, firm or corporation
having responsibility therefor shall be unable or unwilling to do
so or shall fail to take immediate steps therefor. Such containment,
removal and disposal shall, at all times, remain the primary responsibility
and obligation of the person, firm or corporation causing or permitting
the discharge or from whose facility the same shall have been emitted.
Applicable state agencies shall also be involved.
C.
Containment, cleanup and restoration. Any person, firm or corporation in violation of the above subsection shall, upon direction of City officials, begin immediate actions to contain, cleanup and remove to an approved repository the offending material(s) and restore the site to its original condition, with the offending person, firm or corporation being responsible for all expenses incurred. Should any person, firm or corporation fail to engage the necessary men and equipment to comply or to complete the requirements of this section, the senior City police or fire official on the scene may order the required actions to be taken by public or private resources and allow the recovery of any and all costs incurred by the City of Monona as action imposed by Subsection C.
D.
Emergency services response. (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 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; costs incurred in the procurement and use
of specialized equipment specific to the incident; specific laboratory
expenses incurred in the recognition and identification of hazardous
substances in the evaluation of response, decontamination, cleanup
and medical surveillance; and incurred costs in future medical surveillance
of response personnel as required by the responding agencies' medical
advisors.
E.
Site access. Access to any site, public or private, where a prohibited
discharge is indicated or suspected will be provided to City Police
and Fire Department personnel for the purpose of evaluating the threat
to the public and monitoring containment, cleanup and restoration
activities.
F.
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 is so critical that immediate
steps must be taken to protect life and limb, the senior City police
or fire official on the scene of the emergency may order a evacuation
of the area or take other appropriate steps for a period of time until
the Common Council can take appropriate action.
G.
Civil liability. Any person, firm or corporation in violation of
this section shall be liable to the City of Monona for any expenses
incurred by the City or loss or damage sustained by the City by reason
of such violations.
Sale of mercury thermometers prohibited. Except as permitted
under § 299.49(2), Wis. Stats., the sale or distribution
of mercury fever or basal thermometers is prohibited. No person shall
sell at retail or offer for sale at retail within the City of Monona
any fever thermometer or basal thermometer containing mercury. Any
person violating this section shall be subject to a forfeiture as
prescribed in the Fee, Forfeiture and Deposit Schedule adopted by
Common Council.
