[HISTORY: Adopted by the Village Board of the Village of Monticello as Secs. 5-3-2 to 5-3-4 and Title 8, Ch. 2, of the 1989 Code of Ordinances. Amendments noted where applicable.]
A. 
Application.
(1) 
All persons, firms or organizations using, researching, storing or producing hazardous materials and/or infectious agents shall notify the Fire Department as prescribed by this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
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.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HAZARDOUS MATERIALS
Are 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.
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 of 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;
(g) 
The flashpoint and flammable limits of the hazardous substance;
(h) 
Any permissible exposure level, threshold limit value or other established limit value for exposure to a hazardous material;
(i) 
The stability of the hazardous substance;
(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 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 of route of transmission of the infectious agents;
(f) 
Any symptoms of effect 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) 
Procedures for handling, clean-up 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 substance or infectious agent or take any other appropriate action which is deemed appropriate under the circumstance.
A. 
Every person, firm or corporation using, storing, handling or transporting flammable or combustible liquids, chemicals, gasses 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.
B. 
Every person, firm or corporation using, storing, handling or transporting on highways flammable or combustible liquids, chemicals, gasses or other hazardous materials shall be liable to the Village 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 or clean up any such hazardous material which is involved in any accidental spill or in threat of any fire or accidental spill.
Underground flammable liquid storage tanks which are abandoned, as defined in Ch. ATCP 93, Wis. Adm. Code, shall not be abandoned in place. Such tanks shall be removed within 90 days from the date they become abandoned and the excavation filled with clean, well-compacted fill to the surface of the adjacent grade.
A. 
Purpose. The purpose of this section is:
(1) 
To insure safe and effective hazardous materials and hazardous waste management; and
(2) 
To establish a program of regulation over the storage, transportation, treatment and disposal of hazardous materials and waste in the Village.
B. 
Findings. The Village finds that:
(1) 
Increasing production and consumption rates, continuing technological development and energy requirements have led to the generation and use of greater quantities of hazardous materials and associated hazardous waste;
(2) 
The problems of disposing of hazardous waste are increasing as a result of air and water pollution controls and a shortage of available landfill sites;
(3) 
While it is technologically and financially feasible for hazardous waste generators to dispose of their waste in a manner which has a less adverse impact on the environment than current practices, such knowledge is not being utilized to the extent possible;
(4) 
Even though the Village is not heavily industrialized, there is significant daily hazardous waste disposal problems; and
(5) 
The public health and safety and the environment are threatened where hazardous materials and wastes are not managed in an environmentally sound manner.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous material or waste into or on any land or water so that the hazardous waste or any constituent thereof may enter the environment, be emitted into the air or discharged into any waters, including groundwaters.
FIRE CHIEF
The Fire Chief of the Village of Monticello or his designated officer.
GENERATION
The act or process of producing hazardous waste.
HAZARDOUS MATERIAL
Any element, compound or combination thereof which is flammable, corrosive, etc., and which, because of handling, storage, processing or packaging, may have detrimental effects on operating and emergency personnel, the public, equipment and/or the environment.
HAZARDOUS WASTE
Any waste or combination of wastes of a liquid, gaseous or semi-solid form which, because of its quantities, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. Such wastes include, but are not limited to, those which are toxic, carcinogenic, flammable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means, as well as containers and receptacles previously used in the transportation, storage, use or application of substances described as hazardous waste.
PERSON
Any individual, partners, corporation (including a government corporation), trust, association, firm, joint stock company, organization, commission, county, municipal, federal or state government or other entity.
STORAGE
Containment in such manner as not to constitute disposal.
TRANSPORT
The movement from the point of production, generation, storage or use to any intermediate site and finally to the point of ultimate storage or disposal.
TREATMENT
Any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of hazardous waste so as to neutralize or render it nonhazardous, safer for transport, amenable for recovery or storage, or reduced in volume.
TREATMENT FACILITY
A location for treatment, including an incinerator or a facility where generation has occurred.
D. 
Prohibited discharge. No person shall discharge or cause to be discharged, leak, leach or spill upon any public street, alley or public property, or onto the ground, surface waters, subsurface waters, aquifers or on any private property, except those areas specifically licensed for waste disposal or landfill activities within the Village as defined by the definition of "hazardous material" in Subsection C of this section.
E. 
Containment, cleanup and restoration. Any person in violation of this section must, upon direction of the Fire Chief, begin immediate actions to contain, clean up and remove to an approved repository the offending material(s) and restore the site to its original condition. Should any person fail to engage or complete the requirements of this section, the Fire Chief may order the required actions to be taken by public or private resources, with all costs incurred by the Village to be reimbursed by the person violating this section.
F. 
Access. Access to any site, public or private, where a prohibited discharge is indicated or suspected shall be provided to the Fire Chief for purposes of evaluating the threat to the public and to monitor containment, cleanup and restoration.
G. 
Public protection. Should any prohibited discharge occur that reasonably causes a threat to the life, safety or health of the public, the senior fire officer on the scene may order an evacuation of the area or take other appropriate protective steps for a period of time as deemed necessary for the safety of the public.
H. 
Enforcement. The Fire Chief shall have authority to issue citations or complaints under this section.
I. 
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 by reason of such violation and to any individual whose person or property was damaged by such violation.
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 Monticello.