[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover: Art. I, 2-22-1994 as Ord. No. 4-1994. Amendments noted where applicable.]
Article I Reimbursement of Cleanup Expenses
[Adopted 2-22-1994 as Ord. No. 4-1994]
This Article provides for the reimbursement and the replacement of expended resources and nonreusable equipment maintained or procured by the town and used in the case of a release or threatened release of any hazardous materials.
This Article entitles the town to reimbursement for the costs of replacing nonreusable equipment and expended resources utilized by the town or its emergency services in stopping or containing any release of a hazardous material during an emergency response action.
As used in this Article, the following terms shall have the meanings indicated:
- EMERGENCY RESPONSE ACTION
- All of the activities conducted by the town and/or its emergency services to cleanup, remove, prevent, contain or mitigate a discharge of hazardous materials that poses an immediate threat to the environment or to the public health, safety or welfare.
- EXPENDED RESOURCES
- In general, those resources expended that are reasonable, necessary and allocable to the emergency response action. "Expended resources" shall include but are not limited to the following:
- A. Materials and supplies acquired, consumed or expended specifically for the purposes of the emergency response action.
- B. Compensation of employees or independent contractors for the time and efforts devoted specifically to the emergency response action.
- C. Rental or leasing of equipment used specifically for the emergency response action (such as protective, scientific and technical equipment and clothing).
- D. Replacement costs for equipment owned by the town, the town's emergency services or a mutual aid company or department, that is contaminated beyond reuse or repair, if the loss occurred during an emergency response action (such as self-contained breathing apparatus irreparably contaminated during the response).
- E. Decontamination of equipment and personnel contaminated during an emergency response action.
- F. Special technical services specifically required for an emergency response action (such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the town).
- G. Other special services specifically required for the emergency action.
- H. Laboratory costs of analyzing samples taken during the emergency response action.
- I. Costs of cleanup, storage or disposal of the released material.
- J. Costs associated with services and supplies procured in response to an evacuation resulting from a release.
- K. Medical expenses incurred, including post-exposure medical surveillance.
- L. Legal expenses incurred as a result of the emergency response action, including efforts to recover expenses pursuant to this Article.
- HAZARDOUS MATERIAL
- Any material, solid, liquid or gas classified as a hazardous substance by federal, state or local legislation or regulation.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous materials into the waters or on the lands within the borders of the town or into waters outside the jurisdiction of the town, when damage may result to the lands, waters or natural resources within the borders of the town.
- THREATENED RELEASE
- Any imminent or impending event potentially causing but not resulting in the release, but causing the town to undertake an emergency response action.
- Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.
- Any container, drum, barrel, box, cylinder or tank used to hold or contain or carry or store any hazardous materials.
Reimbursement to the town for the costs of any expended resources shall be made by the following parties jointly and severally:
The owner or operator of any vehicle responsible for or contributing to any release or threatened release of hazardous materials.
The owner or person responsible for any vessel containing hazardous materials involved in or contributing to any release or threatened release on public or private property, whether stationery or in transit, whether accidental or through the negligence of the owner or person responsible for the vessel.
The owner or person responsible for any property from which any release or threatened release of hazardous materials emanate, whether accidental or through the negligence or intentional acts of the owner or person responsible for the property.
Any person responsible for or contributing to any release or threatened release of hazardous material on public or private property, whether accidental or through the negligence or intentional acts of the person responsible for contributing to the release or threatened release.
Any person or company responsible for or contributing to any release or threatened release of a hazardous material must provide reimbursement directly to the town for services rendered by any recovery company, towing company or other specialists retained by the town to handle such incident.
Any person, owner or company responsible for or contributing to any release or threatened release of hazardous materials shall reimburse the Town of Dover for the full price of replacing any nonusable equipment or expended resources used in any emergency response action concerning any release or threatened release within a period of 45 days after receipt of a bill for such items from the Town of Dover.
Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who or which fails to reimburse the Town of Dover within the time set forth in this Article shall be subject to one or more of the following: a fine not to exceed $1,000, imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days.
Nothing in this Article shall be construed to conflict with state or federal laws requiring persons causing or responsible for any release or threatened release of a hazardous material to engage in remediation activities or pay the costs thereof, or both.