Article XI: Reimbursement for Costs of Municipal Activities other than Environmental Response Actions That Arise from Actual or Threatened Spill, Release, Discharge or Seepage of Oil, Hazardous Materials or Gasoline

§ 19-19 Liability for reimbursement; costs included.

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").

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.

Response action costs, which are excluded from this § 19-19, may be subject to recovery by the Town of Nantucket pursuant to existing Massachusetts and federal statutes, including Chapter 21E of the General Laws of the Commonwealth.

For purposes of this § 19-19, the terms "hazardous material," "oil," "release," "response action," "causes," and legally responsible" shall be defined in accordance with Chapter 21E of the General Laws of the Commonwealth.