[Adopted as Sec. 10.13 of the Codification]
No person, firm or corporation shall discharge or cause to be discharged, leak, break, or spill upon or onto any public street, alley or public property or onto the ground, surface water, subsurface waters, or aquifers, or on any private property in the Village any hazardous material as defined in § 10-26.
Any person, firm or corporation in violation of this article
must, upon direction of any fire officer, police officer, or public
health official of the Village, begin immediate actions to contain,
clean up and remove to an approved depository the offending material(s)
and restore the site to its original condition. Should any person,
firm, or corporation fail to engage or complete the requirement of
this article, the Fire, Police, or Health Department may order the
owner or lessee to take the required action or, in default thereof,
may, in behalf of the Village, without the taking of bids, do the
necessary work with all costs incurred by the Village to be reimbursed
by anyone violating this section.
The owner or lessee of any site, public or private, where a
prohibited discharge is occurring or where there is probable cause
to believe that such discharge is occurring shall provide access to
personnel of the Village for the purpose of allowing them to evaluate
the threat to public health and safety or to monitor the containment,
cleanup or restoration activity needed for the protection of the environment,
public health, or safety. In the event voluntary access is not granted
by the owner or lessee, the appropriate officer or employee of the
Fire, Police or Health Department may obtain an administrative search
warrant and, after receiving the same, may enter the premises.
Should any prohibited discharge occur that reasonably causes
a threat to the life, safety, welfare or health of the public, evacuation
of the area or take other appropriate protective steps for such period
of time as needed until the Village Manager, his designee, and/or
emergency government officials can act.
A police officer shall have the authority to make complaints
and issue citations and summons under this article.
Any person, firm or corporation in violation of this article
shall be liable to the Village and to any individual whose person
or property was damaged by such violation for any and all expenses
incurred by the Village and loss or damage sustained by the Village,
or assisting private or public agencies by reason of such violation.
As used in this article, the following terms shall have the
meanings indicated:
Either:
Any material or combination of materials of a solid, or liquid,
or contained gaseous or semisolid form which, because of its quantity,
concentration or physical, chemical or infectious characteristics
may cause or significantly contribute to an increase in serious irreversible
or incapacitating reversible illness or pose a substantial present
or potential hazard to human health or the environment. Such material
includes but is not limited to material which is toxic, carcinogenic
or flammable. Such material also includes irritants and strong sensitizers
and materials which generate pressure because of decomposition of
heat. Likewise, toxic material also includes containers and receptacles
previously used in transportation, storage, use or application of
material described herein as hazardous material.
Hazardous waste is described in the Wisconsin Administrative
Code, § NR 661.03.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 17, Article III, General Penalty, of this Code, plus state surcharge, and court costs; for each subsequent offense, together with costs of prosecution in each instance. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues.
[Amended by Ord. No. 1375]
Each day that the violation is permitted or continues to exist
shall constitute a separate offense.
