[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.
