Chapter 3-48
HAZARDOUS WASTE MATERIALS AND WASTE RECOVERY

Sections:

3-48-010    Hazardous Materials and Waste Recovery

3-48-010 Hazardous Materials and Waste Recovery

{Added new section 4-26-99 ATM, Art. 35}

A.    Any individual, corporation, or organization which, whether deliberately or accidentally, releases, or causes a release or threat of release of, any hazardous material or hazardous waste as defined in Massachusetts General Law Chapter 21 C, D, or E, upon public or private property within the boundaries of the Town of Northborough, shall be liable to the Town for any and all response costs directly incurred by the Town as a result of said release or threat of release including but not limited to, the following:

1.    The cost of complete cleanup and disposal of the material released or contaminated by the release, and all costs incurred by the Town as a result of remediation required due to the release or threat of release, including all costs incurred or authorized by any officer or the Town having jurisdiction over such matters.

2.    Replacement or cost of replacement of any reusable equipment and/or material damaged due to the incident.

3.    Replacement or cost of replacement of any disposable equipment and/or materials used during the incident.

4.    Reimbursement of any funds expended by the Town for food and/or shelter upon determination by the Town that expenditures are necessary due to a threat to public health and safety as a result of the release or threat of release.

5.    Reimbursement of any funds expended by the Town for evacuation and/or relocation upon determination by the Town that such expenditures are necessary due to a threat to public health and safety as a result of the release or threat of release.

6.    Reimbursement of any funds expended by the Town for overtime expenditures incurred by the Town as a result of the release or threat of release.

B.    The following are excluded (as defined in Massachusetts General Law Chapter 21E):

1.    Emissions from exhaust of an engine.

2.    Normal application of fertilizer and application of pesticides consistent with their labeling.

C.    Failure by any individual, corporation, or organization responsible for any costs incurred by the Town pursuant to Section A to reimburse the Town for said costs within thirty (30) days of demand shall entitle the Town to bring an action in any court of competent jurisdiction to recover said costs.