[Adopted 3-13-2006 as
§ 5-3-3 of the 2006 Code]
A.
The Village provides fire, police and other response services for
the protection of the public health, safety and welfare, the costs
of which are funded from the general tax revenue of the Village. Such
services may involve property which is not owned by a property taxpayer
of the Village, such as utility transmission and telephone lines,
gas lines, cable television equipment, or hazardous materials, or
may involve property owned by a taxpayer of the Village, but which
requires extraordinary response services, such as an open burning
site or a hazardous substances or hazardous waste handling or storage
site. Such response services benefit the owner or person in charge
of such property and the public health, safety and welfare; and
B.
The Village, pursuant to § 61.34, Wis. Stats., and its
police powers, may collect the costs of such response services from
the owner or person in charge of the property if it is deemed proper
and in the best interest of the public health, safety and welfare.
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 Village of Centuria,
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.
As used in this article, the following terms shall have the
meanings indicated:
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 article.
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; specific
laboratory expenses incurred in the recognition and identification
of hazardous substances in the evaluation of response and 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 agencies' medical advisor.
As defined in § 289.01(11) and (12), Wis. Stats.
The personal property or real estate directly involved in
the response services, including but not limited to utility transmission
or telephone line, gas line, cable television equipment, open burning
site, or hazardous substance or hazardous waste handling or storage
site.
Village of Centuria police, fire, utilities, public works,
or other similar response services.
Access to any site, public or private, where a prohibited discharge
is indicated or suspected will be provided to emergency government
officers and staff and to Village Police Department and Fire Department
personnel for the purpose of evaluating the threat to the public and
monitoring containment, cleanup and restoration activities.
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 that the situation is 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.
The Fire Chief and his/her deputies, as well as the Village
law enforcement officers, shall have authority to issue citations
or complaints under this article.
Any person, firm or corporation in violation of this article
shall be liable to the Village for any expenses incurred by the Village
or loss or damage sustained by the Village of Centuria by reason of
such violation.
A.
In the event the Village Board determines the costs incurred for
Village response services are extraordinary in amount or the services
for which the costs are incurred are extraordinary in type, the Village
Board shall review and determine whether to seek reimbursement for
the extraordinary costs from the owner of the property. The Board
shall consider the amount of the costs involved, the nature of the
response services, the impact of the response on other Village services,
and such other factors it deems appropriate in making its determination.
B.
The Village Board may direct the Village Clerk-Treasurer to issue
an invoice for the costs of labor and materials, or a portion thereof,
to the owner or person in charge of the property. The invoice shall
include an itemization of the costs and a requirement for payment
within 30 days.
