[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Sec. 12.21 of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 133.
Solid waste — See Ch. 218, Article I.
As used in this chapter, the following terms shall have the meanings indicated:
DISCHARGE
Includes, but is not limited to, any spilling, leaching, pumping, pouring, emitting, emptying, escaping, releasing, disposing, injecting or dumping.
HAZARDOUS MATERIAL
Any materials of a solid, 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 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. Such material includes, but is not limited to, material which is toxic, carcinogenic or flammable, or other material as set forth in § 289.01(11), Wis. Stats., as amended from time to time. Such material also includes irritants and strong sensitizers and materials which generate pressure because of decomposition or heat. Toxic materials includes containers and receptacles previously used in transportation, storage, use or application or material described herein as hazardous material.[1]
HAZARDOUS WASTE
Any solid waste as defined in § NR 500.03, Wis. Adm. Code, as amended from time to time.
PERSON
Any individual, owner, operator, corporation, partnership or association.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Prohibited discharge.
(1) 
No person shall discharge, allow or cause to be discharged any hazardous materials upon or into any public street, alley or public property; onto the ground, surface water, subsurface waters or aquifers; or on any private property, except those areas licensed for waste disposal or landfill activities for hazardous material as defined in this chapter.
(2) 
This section shall not apply to an induction well for which the owner or lessee has a valid permit from the United States Environmental Protection Agency. Likewise, this section shall not apply to any activity expressly licensed or permitted by the United States Atomic Energy Commission or the Wisconsin Department of Natural Resources.
B. 
Containment, cleanup and restoration. Any person in violation of this section shall, upon the direction of any of the city's police, fire or public health official, take immediate action to contain, clean up and remove to an approved depository the offending materials and restore the site to its original condition. Should any person fail to engage or complete the requirements of this section, the Police, Fire or Health Department may order the owner or lessee to take the required action or, in default thereof, may on behalf of the city, without taking bids, do the necessary work, with all costs incurred by the city to be reimbursed by anyone violating this section.
C. 
Public protection. Should any prohibited discharge occur that reasonably causes a threat to the life, safety, welfare or health of the public, the Police, Fire or Health Department officer or employee on the scene may order evacuation of the area or take other appropriate protective steps for such period of time as needed.
D. 
Access. When a prohibited discharge has occurred or is reasonably thought to have occurred, access to the site upon notice to the owner or occupant, whether on public or private land, shall be granted to Police, Fire and Health Department personnel for the purpose of evaluating the extent of the discharge, monitoring the cleanup and restoration of the site. Notice to the owner or occupant is not required if the delay will result in imminent risk to public health or safety or the environment.
Upon learning that a prohibited discharge, as set forth in this chapter, has taken place, all persons shall immediately notify the City Police Department of the time and place of the prohibited discharge and the substance discharged, if known.
A. 
The Police Department shall have authority to issue citations and summons for violations of this chapter.
B. 
Any person in violation of this chapter shall be liable to the city and to any individual whose person or property was damaged by such violation for any and all expenses incurred by the city and loss or damage sustained by the city by reason of such violation.
Except as otherwise provided, any person who shall violate any provision of this chapter, or any order, rule or regulation made hereunder, shall be subject to a penalty as provided Chapter 1, General Provisions, § 1-19.