(A) In the event of an unlawful or accidental spill, discharge, leak, or threat of such, or any similar incident involving flammable or combustible liquids, chemicals, gases or other hazardous materials, any person, firm or corporation owning, using, storing, handling or transporting such materials shall be responsible to the town for the actual cost of materials and/or equipment used by the town to clean up or remedy the effects of such incident. This section shall not be interpreted to create a duty on the part of the town to respond to or remedy hazardous material spills or incidents. In the event of an accidental spill or other hazardous material incident, the town will encourage the use of private party remedial action.
(B) The responsibility to reimburse the cost of materials and/or equipment must be assumed jointly and severally, and is not conditioned upon evidence of willfulness or negligence of the owner or handler in causing or allowing the discharge.
(Ord. 11-O-255, passed 2-14-2011)