[Adopted 4-4-2006 ATM by Art. 64, approved 8-2-2006]
A.Â
Any person or entity who causes or is legally responsible
for a spill, release, discharge or seepage ("release") or a threat
of release of any hazardous material, oil or gasoline on or in any
land or waters of Nantucket, or other land or waters in circumstances
posing an immediate threat to persons or property within Nantucket,
shall be liable to the Town of Nantucket, without regard to fault,
for any and all costs incurred by the Town of Nantucket as a result
of such release or threatened release ("Town costs") other than costs
to assess, contain or remediate the release or threatened release
("response action costs").
B.Â
Town costs shall comprise the costs for Town personnel
and their agents, including police and fire personnel, to secure and
protect the health, safety and welfare of persons and property, both
public and private, and include (1) actual payroll costs for all Town
personnel involved in the activities, (2) all costs for disposable
materials used in the activities, (3) all costs for repair or replacement
of equipment or materials damaged in the activities, (4) all other
costs incurred by the Town, including personnel, rental of equipment,
towing services, and the like, and (5) an administrative fee of 10%
of the total actual costs incurred by the Town.
