[HISTORY: Adopted by the Town Council of the Town of Barrington 1-6-1992 as Ord. No. 91-24 (Ch. III, Sec. 10, of Title Five of the 1965 Code). Amendments noted where applicable.]
RHODE ISLAND GENERAL LAWS (AS AMENDED)
Hazardous substances generally — See § 23-24-1 et seq.
Fire Department — See Ch. 2 of Title 10 of the Charter.
Fire Department Rules and Regulations — See Ch. 12.
In the interest of protecting the health, safety and welfare of the citizens of the Town of Barrington, the Town Council deems this chapter to be necessary and appropriate.
As used in this chapter, the following terms shall be defined as follows:
- Those necessary and reasonable costs incurred by the town in connection with investigating, mitigating, minimizing, removing or abating discharges of hazardous substances, including but not limited to the following:
- A. Actual labor costs of town personnel or its authorized agents.
- B. Cost of equipment operation and rental.
- C. Cost of expendable items, including but not limited to fire-fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, acid suits, acid gloves, goggles and protective clothing.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance upon public or private property located within the corporate limits of the Town of Barrington.
- HAZARDOUS SUBSTANCES
- Any substance or material in a quantity or form which, in the determination of the Fire Chief or his authorized designee, poses an unreasonable and imminent risk to the life, health, safety or welfare of persons or property within the Town of Barrington and shall include but not be limited to those hazardous substances listed in the National Fire Protection Association Guide on Hazardous Materials or the Environmental Protection Agency's list of extremely hazardous substances.
- One (1) or more individuals, partnerships, corporations, joint ventures, associations or any other entity or entities, or any combination thereof.
The Fire Department is hereby authorized to take such steps as it may deem necessary to clean up, remove or abate the effects of any hazardous substances discharged upon or unto public or private property or facilities located within the corporate limits of the town.
When responding to an emergency caused by the unauthorized discharge of hazardous substances, the Fire Department of the town shall keep a detailed record of the costs attributable thereto.
The authority to recover costs under this section shall not include costs incurred for actual fire suppression services which are normally or usually provided by the town's Fire Department or its authorized agent.
Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances which requires emergency action by the Fire Department of the town or its authorized agents, in order to protect the public health, safety or welfare, shall be jointly and severally liable to the Town of Barrington for the costs incurred by the town in investigating, mitigating, minimizing, removing and abating any such discharge.
Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances shall reimburse the Town of Barrington for the full amount of all costs, as defined herein, associated with the investigating, mitigating, minimizing, removing and abating of any such discharge within a period of thirty (30) days after receipt of an itemized bill for such costs from the Town of Barrington.
Any person or persons responsible for causing or allowing an unauthorized discharge of hazardous substances and who fails to reimburse the Town of Barrington within the time period set forth in Subsection B of this section shall be subject to a fine equal to the greater of fifty dollars ($50.) per day or ten percent (10%) of the total amount of the bill for each additional day that the bill for such costs remains unpaid.
The remedy provided herein shall be supplemental to and in addition to all other available remedies at law.