[HISTORY: Derived from Ch. XXVI of the Revised General Ordinances
of the Borough of Fort Lee, 1978, adopted 3-1-1979. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any items used to extinguish any fire or stop or contain any leak
or spill involving any hazardous material which cannot be reused or cannot
be replenished without cost after that particular fire, leak or spill. These
include but are not restricted to fire-fighting foam, chemical extinguishing
agents, absorbent material, sand, recovery drums and specialized protective
equipment to include but not be restricted to acid suits, acid gloves, goggles
and protective clothing.
Any material solid, liquid, or gas listed as such under N.F.P.A.
Guide of Hazardous Materials or Department of Transportation Guide Book.
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, box, cylinder or tank used to hold or contain
or carry or store any hazardous material.
A.
This chapter provides for the reimbursement for or the
replacement of the specialized and sometimes nonreusable equipment required
by state and federal regulations to be made available in the borough in case
of fire, leakage or spillage involving any hazardous material.
B.
This chapter entitles the Borough of Fort Lee to reimbursement
for any expendable items used by the borough or any of its agencies in extinguishing
any fire, stopping or containing any leak or controlling any spill of hazardous
materials.
Reimbursement to the Borough of Fort Lee for the expendable items used
shall be made by the following parties:
A.
The owner or operator of any vehicle responsible for
any fire, leak or spill of hazardous material.
B.
The owner or person responsible for any vessel containing
hazardous material involved in any fire, leak or spill on public or private
property whether stationary or in transit, whether accidental or through negligence.
C.
The owner or person responsible for any property from
which any leak or spill of hazardous material emanates, whether accidental
or through negligence.
D.
Any person responsible for any fire, leak or spill of
hazardous material on public or private property whether accidental or through
negligence.
Any person or company responsible for any fire, leak or spill involving
a hazardous material must provide reimbursement in accordance with Schedule
A[1] attached hereto for services rendered by any recovery company,
towing company or other technical assistance called for by the Fire Department
to handle such incident.
[1]
Editor's Note: A copy of Schedule A attached to Ordinance No. 87-20
and referred to herein, as amended by Ordinance Nos. 91-3 and 94-29, is on
file in the office of the Borough Clerk.
Any person, owner or company responsible for any fire, leak or spill
of hazardous materials shall reimburse the Borough of Fort Lee for the full
price of any expendable items used to extinguish such fire, stop or contain
such a leak or control such a spill within a period of 45 days after receipt
of a bill for such items from the Borough of Fort Lee.
Any person, owner or company responsible for any fire, leak or spill
of hazardous material who fails to reimburse the Borough of Fort Lee within
the time set forth in this chapter shall be subject to a fine of not less
than $50 nor more than $500 per day or by imprisonment for a period of not
more than six months, or both.
