For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Hazardous material.
Any substance or material in a quantity or form which, in
the determination of the fire chief or his authorized representative,
poses a risk to persons, property, or the environment, and shall include
all materials listed as “hazardous materials” by the U.S.
Department of Transportation, including, but not be limited to, such
substances as explosives, radioactive materials, petroleum products,
poisons, compressed or liquefied gases, etiologic (biologic) agents,
oxidizers, corrosives, carcinogens, cryogens, and organic peroxides.
(1998 Code, sec. 93.01)
Any person, firm, corporation, or business entity violating
this article shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined any sum not exceeding $2,000.00. Each continuing
day’s violation under this article shall constitute a separate
offense. The penal provisions imposed under this article shall not
preclude the town from filing suit to enjoin the violation. The town
retains all legal rights and remedies available to it pursuant to
local, state, and federal law.
(1998 Code, sec. 93.99)
Any individual or business entity who accidentally, negligently,
or intentionally causes or is responsible for a hazardous material
incident within the town shall be liable for the payment of costs
incurred by the fire department, public works department, and/or any
other department or agency that assists to abate such an event. The
remedy provided by this section shall be in addition to any other
remedies provided by law.
(1998 Code, sec. 93.02)
It shall be unlawful for any person, firm, partnership or corporation
to cause or permit, within the corporate limits of the town, a hazardous
material incident that poses a risk to persons, property, or the environment,
or requires a cleanup.
(1998 Code, sec. 93.03)
Notwithstanding any penal provisions of this article, the town
attorney is authorized to file suit on behalf of the town, the fire
chief or his authorized representative both for injunctive relief,
as may be necessary, to enforce the provisions of this article, or
for the collection of damages as provided herein.
(1998 Code, sec. 93.05)