Title
Ordinance to repeal section 7.031 and create section 7.033 of the West Allis Municipal Code relating to regulation and enforcement of toxic substances
Body
Now, therefore, the Common Council of the City of West Allis, Milwaukee County, do ordain as follows:
Part 1. Code Revision
Section 7.031 of the Municipal Code of the City of West Allis is hereby repealed.
Part 2. Code Revision
Section 7.033 of the Municipal Code of the City of West Allis is hereby created to read as follows:
7.033 Regulation and Enforcement of Toxic Substances
1. State Laws Adopted.
a. The following provisions of the Wisconsin Statutes, as may be amended from time to time, describing, defining and prohibiting conduct, are hereby adopted by reference and made part of this subsection as if fully set forth herein:
Sec. 254.12- Use or sale of lead-bearing paints.
Sec. 254.154- Local authority.
Sec. 254.166- Response to reports of lead poisoning or lead exposure.
Sec. 254.30- Enforcement; penalties.
2. Definitions: For the purpose of this section, the definitions of words and phrases contained in Chapter 254 of the Wisconsin Statutes, and Chapter 163 of the State of Wisconsin Department of Health Services Administrative Code, as the same may be from time to time amended, are hereby adopted and by reference made part hereof with the same force and effect as if fully set forth herein.
3. Interpretation.
a. Whenever the word "department" is used, it shall be taken to mean West Allis Health Department for the purposes of inspection or enforcement; however the City of West Allis does not assume the role of the lead state agency for health risk assessment when promulgating rules, regulations, or limits for testing, testing limits, screening methods, or other analogous duties referenced in Chapter 254 of the Wisconsin Statutes
b. Whenever the phrase "may promulgate rules" is used, it shall be taken to mean that the West Allis Health Department will follow the State or Federal ...
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