[HISTORY: Adopted by the Village Board of the Village of Shorewood as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 11, Art. 8, of the 1986 Code]
As used in this chapter, the following terms shall have the meanings indicated:
- HAZARDOUS MATERIAL
- A. 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 or heat. Likewise, toxic materials also include containers and receptacles previously used in transportation, storage, use, or application of material described herein as hazardous material.
- B. Hazardous waste as described in the Wisconsin Administrative Code.
No person, firm or corporation shall discharge or cause to be discharged, leak, break, or spill upon or into 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 § 313-1.
Nothing contained in this chapter shall prohibit the placing of temporary patch material, sand, sawdust, salt or similar material upon any sidewalk, street or alley for the safety in travel, nor the placing of leaves on the street, in season.
[Amended 9-18-1995 by Ord. No. 1717]
Any person, firm or corporation in violation of this chapter shall, upon direction of any Fire Department official, 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 chapter, 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 taking of bids, do the necessary work with all costs incurred by the Village to be reimbursed by anyone violating this chapter.
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 that 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, a Fire, Police, or Health Department officer or employee on the scene may order the 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 chapter.
Any person, firm or corporation in violation of this chapter 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 or public agencies by reason of such violation.
Any law enforcement officer or member of the Fire, Health, Public Works or Planning and Development Department using hazardous substances in carrying out his responsibilities to protect the public health, safety or welfare is exempt from the penalty provisions of this chapter.
[Amended 2-25-2008 by Ord. No. 1935]
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in § 115-1 of the Village Code.
[Adopted 10-2-2017 by Ord. No. 2086]
As used in this article, the following terms shall have the meaning indicated:
- COAL TAR
- A by-product of the process used to refine coal. Coal tar contains high levels of polycyclic aromatic hydrocarbons (PAHs).
- COAL TAR SEALANT PRODUCT
- A pavement sealant product that contains coal tar, coal tar pitch, coal tar pitch volatiles, RT-12, refined tar or any variation assigned the Chemical Abstracts Service (CAS) numbers 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2 or related substances.
- HIGH PAH SEALANT PRODUCT
- Any pavement sealant product that contains greater than 0.1% polycyclic aromatic hydrocarbons (PAHs) by weight, including, but not limited to, coal tar sealant products and sealant products containing steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, or any variation of those substances assigned the Chemical Abstracts Service number 64742-90-1, 69013-21-4 or related substances.
- PAVEMENT SEALANT PRODUCT, ALSO KNOWN AS SEALCOAT
- Any substance that is typically applied on paved surfaces to protect the surfaces. This may include but is not limited to sealant products that are coal tar- or asphalt-based.
- POLYCYCLIC AROMATIC HYDROCARBONS (PAHs)
- A group of organic chemicals that are formed during the incomplete combustion of coal, oil, gas, or other organic substances, are present at high levels in coal tar, and are known to be harmful to humans, fish, and other aquatic life.
Violations of this article will be enforced by the Planning and Development Department.
Except as provided in § 313-13 (Exemptions), no person shall apply any coal tar sealant product or high-PAH sealant product within the Village of Shorewood.
No person shall sell, offer to sell, or display for sale any coal tar sealant product or high-PAH sealant product within the Village of Shorewood.
Any person who sells pavement sealant products within the Village of Shorewood shall prominently display, in the area where such pavement sealant products are sold, a notice that contains the following language: "The application of coal tar sealant products or other high-PAH sealant products on driveways, parking lots and all other paved surfaces in the Village of Shorewood is prohibited by Article II of Chapter 313 of the Village of Shorewood Municipal Code. Polycyclic aromatic hydrocarbons (PAHs) are a group of organic chemicals that are known to cause cancer and are toxic to aquatic life. Coal tar and other high-PAH sealant products are a major source of PAHs that can travel into homes, buildings, and soils or be carried by stormwater and other runoff into the water resources of Shorewood."
No person shall allow a coal tar sealant product or other high-PAH sealant product to be applied upon property within the Village of Shorewood that is under that person's ownership or control.
No person shall contract with any commercial applicator, residential or commercial developer, or any other person for the application of any coal tar sealant product or high-PAH sealant product to any driveway, parking lot, or other surface within the Village of Shorewood.
No commercial applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar sealant product or high-PAH sealant product to any driveway, parking lot, or other surface within the Village of Shorewood.
The Director of the Village of Shorewood Planning and Development Department may exempt a person from a requirement of Article II of this chapter if the Director determines that:
The person is conducting bona fide research concerning the effects of a coal tar sealant product or high-PAH sealant product on the environment; the use of the coal tar product or high-PAH sealant product is required for said research; and the Director determines that said research will not cause significant contamination of the surrounding environment, including soils and aquatic ecosystems, and will not unduly endanger human health.
The person does not intend to apply the sealant within municipal boundaries.