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Town of Fenwick Island, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Fenwick Island 3-28-1986 by Ord. No. 63. Amendments noted where applicable.]
A. 
For use herein, this chapter adopts the definitions of "hazardous material," "hazardous substance" and "hazardous waste" as used by the United States Department of Transportation as more fully set forth in CFR 171.8. Items included within the definition of "hazardous material," "hazardous substance" and "hazardous waste" are listed in the Hazardous Material Table and CERCLA List as defined by the United States Department of Transportation and found in 49 CFR 172.101.
B. 
As used herein, "hazardous material" includes hazardous material, hazardous substance and hazardous waste.
[Amended 2-26-2010]
All federal, state and county regulations concerning the transport and storage of any hazardous material shall be applicable at all times on all streets, roadways, alleys, real estate and waterways in the Town of Fenwick Island.
If any such hazardous material shall be improperly or inappropriately released, emitted or discharged within the Town of Fenwick Island, for any reason or cause, it is the total responsibility of the person(s) responsible for the container that so released, emitted or discharged such hazardous material to remove the same without delay.
Any and all damages, costs or expenses caused to the owner of the property on or in which the hazardous material was so released, emitted or discharged shall be compensated for by the person(s) who was responsible for the container from which the hazardous material was released, emitted or discharged.
Any violation of this chapter may be subject to fines of up to $100 per day until such hazardous material as referred to in § 95-3 is removed. Such fine is cumulative and would, therefore, impose an additional fine of $100 per day for each violation.