For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
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.
The release, or potential release, of a hazardous material
from its container into the environment.
(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)
(a)
For the purposes of this article, costs incurred by the fire department, public works department, or any other departments of the town shall include, but not be limited to, expenses attributable to the abatement or cleanup of any hazardous material incident, including costs of personnel, costs of equipment operations, cost of materials and supplies, costs of specialists, experts, or other contract labor not in the full-time employment of the town, disposal costs, overhead costs, overtime costs, and any other incidental costs incurred by the town. Basic costs associated with fire department services shall be as set forth in the fee schedule in appendix A of this code for such emergency vehicles.
(b)
The
responsible party(ies) shall be billed for the recovery of costs described
above as follows:
(1)
For the first hour of an incident, measured from the time that the
first fire department vehicle arrives at the incident scene, only
the cost of materials, supplies, disposal, and specialists/experts
not in the full-time employment of the town shall be billable.
(2)
Beginning one hour after the first fire department vehicle arrives
at the incident scene, all costs described in this section shall be
billable.
(1998 Code, sec. 93.04)
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)
