(A) The Fire Chief or the designated Fire Chief’s agent is authorized to clean up or abate the effects of any hazardous substance or waste unlawfully, accidentally, or negligently released, discarded, or deposited upon or into any property or facilities within in the town.
(B) The following described persons shall be jointly and severally liable to the town for the payment of all costs incurred by the town or its agents as a result of such clean up or abatement activity:
(1) The person or persons whose accidental, negligent, or willful actor or omission proximately caused such release, discharge, or deposit;
(2) The person or persons who owned or had custody or control of the hazardous substance or waste at the time of such release, discharge, or deposit without regard to fault or proximate cause; and
(3) The person or person who owned or had custody or control of the container which held such hazardous waste or substance at the time or immediately prior to such release, discharge, or deposit without regard to fault or proximate cause.
(C) (1) In the event that any person undertakes, either voluntary or upon order of the Fire Chief or the Fire Chief’s designated agent, to clean up or abate the effects of any hazardous substance or waste negligently, unlawfully, or accidentally released, discharged, or deposited upon or into property or facility within the town, the Fire Chief or the Fire Chief’s designated agent may take such action as is necessary to supervise or verify the adequacy of the clean up or abatement.
(2) The persons described in this section shall be liable to the town for all costs incurred as a result of such supervision or verification. The authority to recover costs under this section shall not include actual fire suppression services which are normally or usually provided by the Fire Department at no or small cost.
(Res. 2018-04, passed 8-6-2018) Penalty, see § 94.99