In the event that any person undertakes, either voluntarily or upon order of the Fire Chief, his or her designee and/or authority having jurisdiction, or other city official, to clean up or abate the effects of any hazardous substance or material unlawfully released, discharged or deposited upon or onto property or facilities within the city, the Fire Chief may take such action as is necessary to supervise or verify the adequacy of the cleanup or abatement. The person described in §
231-1 shall be liable to the city for all costs incurred as a result of such supervision or verification.
For the purpose of this chapter, "hazardous
material" shall mean any of the following:
A. Any substance designated as a hazardous material by
federal law.
B. Any substance designated as a hazardous material by
the Rhode Island General Laws.
C. Any compressed gas, explosive, flammable liquid, flammable
solid, oxidizer, poison or radioactive material.
D. Any of the following: explosives, pyrotechnics, flammable
gas, flammable compressed gas, nonflammable compressed gas, flammable
liquid, oxidizing material, any flammable material, poisonous gas,
poisonous liquid, irritating material, material that causes disease
in humans, gas under such pressure that an explosion hazard exists,
radioactive material, corrosive material or liquid petroleum gas.
For the purposes of this chapter, costs incurred
by the city shall include but shall not necessarily be limited to
the following:
A. Actual labor costs of city personnel, including benefits
and administrative overhead.
B. Cost of equipment operation.
C. Cost of materials obtained directly by the city.
D. Cost of any contract labor and materials.
The remedies provided by this chapter shall
be in addition to any other remedies or penalties provided by law.
The authority to recover costs under this chapter
shall not include actual fire suppression services which are normally
or usually provided by the Fire Division.
[Added 8-24-2011 by Ch. No. 2973]
A. All storage of hazardous materials, other than motor vehicles, within
the legal limits of the City shall require a permit to store, issued
by the Fire Chief of the Fire Department. Such permit shall be issued
annually and shall list the type and quantity of the hazardous material
on the property.
B. The Chief of the Fire Department shall conduct a hazard analysis
of the requested storage and may require as a condition of approval
of the permit that safety measures be employed to assure handling
and storage of the permitted hazardous materials not inconsistent
with state or federal law. If said facility is deemed to be noncompliant
with state or federal law, the Chief of the Fire Department may order
a reinspection of the premises.
C. Failure to obtain a permit as required by this section shall be punishable
by a fine of $100. Each day that hazardous materials are stored without
the required permits shall constitute a new violation.
D. There shall be a required fee of $50 for a permit for the storage
of "hazardous materials" under this section. There shall be a required
fee of $100 for a permit for the storage of "extremely hazardous materials"
under this section.
E. "Hazardous material" and "extremely hazardous material" as used in
this section shall be defined as those materials listed in the Comprehensive
Environmental Response Compensation Liability Act (CERCLA), commonly
known as the Superfund Law, including the Title III Amendments to
Superfund, also known as the Emergency Planning and Community Right-to-Know
Act (EPCRA).
F. The permit required by this section does not alter in any way other
federal and/or state regulations regarding the storage and/or transportation
of hazardous materials, as may be required.
[Added 8-24-2011 by Ch. No. 2973]
A. The Pawtucket Fire Department shall charge and bill an inspection
fee per inspection for any inspection performed by the Department
pursuant to the provision of this Code or any provisions of the State
Fire Code, or rules and regulations of the State Fire Marshal. Said
inspection fee shall be determined as to each inspection by the Fire
Department in accordance with the number of Fire Department personnel
used and time to conduct said inspection at the applicable and current
hourly pay rate.
B. Each subsequent
reinspection shall constitute an inspection for which a separate fee
shall be payable.