[HISTORY: Adopted by the Town Board of the Town of Lowell 4-1-2004 as Title 8, Ch. 2, of the 2004
Code of Ordinances. 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, 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 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.
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 Fire Department 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 Town, or its designated agent, in an effort
to minimize the pollutional effects of the discharged waste.
D.
Reimbursement for hazardous material emergency action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
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 Lowell for actual, reasonable and necessary
expenses incurred by the Town of Lowell for any emergency action taken
under, and consistent with, § 323.71, Wis. Stats., whether
such action be taken by the Town of Lowell or another entity on its
behalf or direction.
(2)
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 government officials.
(3)
Terms not defined above shall have the meaning referred to in § 323.71,
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 Lowell.
