[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town
of Dover: Art. I, 2-22-1994 as Ord. No. 4-1994.
Amendments noted where applicable.]
[Adopted 2-22-1994 as Ord. No. 4-1994]
A.
This Article provides for the reimbursement and the replacement
of expended resources and nonreusable equipment maintained or procured by
the town and used in the case of a release or threatened release of any hazardous
materials.
B.
This Article entitles the town to reimbursement for the
costs of replacing nonreusable equipment and expended resources utilized by
the town or its emergency services in stopping or containing any release of
a hazardous material during an emergency response action.
As used in this Article, the following terms shall have the meanings
indicated:
All of the activities conducted by the town and/or its emergency
services to cleanup, remove, prevent, contain or mitigate a discharge of hazardous
materials that poses an immediate threat to the environment or to the public
health, safety or welfare.
In general, those resources expended that are reasonable, necessary
and allocable to the emergency response action. "Expended resources" shall
include but are not limited to the following:
Materials and supplies acquired, consumed or expended specifically for
the purposes of the emergency response action.
Compensation of employees or independent contractors for the time and
efforts devoted specifically to the emergency response action.
Rental or leasing of equipment used specifically for the emergency response
action (such as protective, scientific and technical equipment and clothing).
Replacement costs for equipment owned by the town, the town's emergency
services or a mutual aid company or department, that is contaminated beyond
reuse or repair, if the loss occurred during an emergency response action
(such as self-contained breathing apparatus irreparably contaminated during
the response).
Decontamination of equipment and personnel contaminated during an emergency
response action.
Special technical services specifically required for an emergency response
action (such as costs associated with the time and efforts of technical experts
or specialists not otherwise provided for by the town).
Other special services specifically required for the emergency action.
Laboratory costs of analyzing samples taken during the emergency response
action.
Costs of cleanup, storage or disposal of the released material.
Costs associated with services and supplies procured in response to
an evacuation resulting from a release.
Medical expenses incurred, including post-exposure medical surveillance.
Legal expenses incurred as a result of the emergency response action,
including efforts to recover expenses pursuant to this Article.
Any material, solid, liquid or gas classified as a hazardous substance
by federal, state or local legislation or regulation.
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, pumping, pouring, emitting, emptying or
dumping of hazardous materials into the waters or on the lands within the
borders of the town or into waters outside the jurisdiction of the town, when
damage may result to the lands, waters or natural resources within the borders
of the town.
Any imminent or impending event potentially causing but not resulting
in the release, but causing the town to undertake an emergency response action.
Any motorized equipment, registered or unregistered, including but
not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction
equipment and farm machinery.
Any container, drum, barrel, box, cylinder or tank used to hold or
contain or carry or store any hazardous materials.
Reimbursement to the town for the costs of any expended resources shall
be made by the following parties jointly and severally:
A.
The owner or operator of any vehicle responsible for
or contributing to any release or threatened release of hazardous materials.
B.
The owner or person responsible for any vessel containing
hazardous materials involved in or contributing to any release or threatened
release on public or private property, whether stationery or in transit, whether
accidental or through the negligence of the owner or person responsible for
the vessel.
C.
The owner or person responsible for any property from
which any release or threatened release of hazardous materials emanate, whether
accidental or through the negligence or intentional acts of the owner or person
responsible for the property.
D.
Any person responsible for or contributing to any release
or threatened release of hazardous material on public or private property,
whether accidental or through the negligence or intentional acts of the person
responsible for contributing to the release or threatened release.
Any person or company responsible for or contributing to any release
or threatened release of a hazardous material must provide reimbursement directly
to the town for services rendered by any recovery company, towing company
or other specialists retained by the town to handle such incident.
Any person, owner or company responsible for or contributing to any
release or threatened release of hazardous materials shall reimburse the Town
of Dover for the full price of replacing any nonusable equipment or expended
resources used in any emergency response action concerning any release or
threatened release within a period of 45 days after receipt of a bill for
such items from the Town of Dover.
Any person, owner or company responsible for or contributing to any
release or threatened release of a hazardous material who or which fails to
reimburse the Town of Dover within the time set forth in this Article shall
be subject to one or more of the following: a fine not to exceed $1,000, imprisonment
in the county jail for a term not to exceed 90 days or community service not
to exceed 90 days.
Nothing in this Article shall be construed to conflict with state or
federal laws requiring persons causing or responsible for any release or threatened
release of a hazardous material to engage in remediation activities or pay
the costs thereof, or both.
