Sec. 5-77. - Reimbursement for costs associated with the release or threat of release of any hazardous material.

(a)

Any person or entity who causes or is legally responsible for a release or threat of release of hazardous material, oil or gasoline shall be liable, without regard to fault, for all costs of assessment, containment, and removal incurred by the city in connection with such release or threat of release.

(b)

All fees will be in accordance with the latest emergency response fee schedule (ERFS) for hazardous materials incidents recommended by the Rhode Island Association of Fire Chiefs Inc.

(c)

Costs of assessment, containment, and removal, shall include, but not limited to.

(1)

Personnel costs for all city personnel involved in the activities as per the ERFS.

(2)

All apparatus response required for activities as per the ERFS.

(3)

All costs for disposable materials used in the activities at catalogue price

(4)

All costs for repair/replacement of equipment or materials damaged in the activities.

(5)

Any other costs incurred by the city such as replacement personnel, rental of equipment, etc.

(d)

For the purposes of this article, "hazardous material" shall be any material designated as "hazardous" by the United States Department of Transportation listed in the hazardous materials table, 49 CFR 172.101.

(e)

All fees collected under this section shall be deposited in the "hazardous material/LEPC 9" account to used for but not limited to equipment, training, personnel, inspection, supplies, and other associated needs for hazardous materials and special operations for the local agency.

(Ch. 394, § I, 7-11-06)