Borough of Kinnelon, NJ Hazardous Materials

All of the activities conducted in order to prevent or mitigate injury to human health or to the environment from a release or threatened release of any hazardous material into or upon the environment.

EXPENDED RESOURCES

In general, those resources expended that are reasonable, necessary and allocable to the emergency action. "Expended resources" may include, but are not limited to:

Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the emergency action.

Compensation of employees for the time and efforts devoted specifically to the emergency action.

Rental or leasing of equipment used specifically for the emergency action (such as protective equipment or clothing, scientific and technical equipment).

Replacement costs for equipment owned by the Borough that is contaminated beyond reuse or repair, if the equipment was a total loss and the loss occurred during the emergency action (such as self-contained breathing apparatus irretrievably contaminated during the response).

Decontamination of equipment contaminated during the response.

Special technical services specifically required for the response (such as costs associated with the time and efforts of technical experts or specialists not otherwise provided for by the Borough).

Other special services specifically required for the emergency action.

Laboratory costs of analyzing samples taken during the emergency action.

Costs of cleanup, storage or disposal of the released material.

Costs associated with the services, supplies and equipment procured for a specific evacuation.

Medical expenses incurred as a result of response activities.

Legal expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this article.

Replacement costs for apparatus or equipment that is damaged as a result of the emergency action, which damage need not render the equipment a total loss beyond reuse or repair.

[Added 6-15-1995 by Ord. No. 5-95]

HAZARDOUS MATERIAL

Any material, solid, liquid or gas, classified as such by any federal legislation or regulation, by any state legislation or regulation or by any Borough ordinance.

RELEASE

Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into or upon the environment, which causes danger or harm to the public health or to the environment, including but not limited to release of any material classified as hazardous material by any federal legislation or regulation, by any state legislation or regulation or by any Borough ordinance.

THREATENED RELEASE

Any imminent or impending event potentially causing but not resulting in a release, but causing the Borough to undertake any emergency action.

VEHICLE

Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.

VESSEL

Any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material.

§ 133-2 Purpose.

This article 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, release or threatened release involving any hazardous material, as well as the reimbursement of all other costs for expended resources.

This article entitles the Borough of Kinnelon to reimbursement for the cost of any expended resources used by the Borough or any of its agencies in extinguishing any fire, stopping or containing any release of hazardous material and generally taking any emergency action.

§ 133-3 Parties responsible for reimbursement.

Reimbursements to the Borough for the costs of any expended resources shall be made by the following parties jointly and severally:

The owner or operator of any vehicle responsible for or contributing to any fire, release or threatened release of hazardous material.

The owner or person responsible for any vessel containing hazardous material involved in or contributing to any fire, release or threatened release on public or private property, whether stationary or in transit, whether accidental or through negligence.

The owner or person responsible for any property from which any release or threatened release of hazardous material emanates, whether accidental or through negligence.

Any person responsible for or contributing to any fire, release or threatened release of hazardous material on public or private property, whether accidental or through negligence.

§ 133-4 Reimbursement for services.

Any person or company responsible for or contributing to any fire, release or threatened release involving a hazardous material must provide reimbursement directly to the Borough for services rendered by any recovery company, towing company or other technical assistance called for by the Borough to handle such incident.

§ 133-5 Period for payment.

Any person, owner or company responsible for or contributing to any fire, release or threatened release of hazardous material shall reimburse the Borough of Kinnelon for the full price of any expended resources used to extinguish such a fire or take an emergency action for any release or threatened release within a period of 45 days after receipt of a bill for such items from the Borough of Kinnelon.

§ 133-6 Violations and penalties.

Any person, owner or company responsible for or contributing to any fire, release or threatened release of hazardous material who fails to reimburse the Borough of Kinnelon within the time set forth in this article shall be subject to a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days.

§ 133-7 Construal of provisions.

Nothing in this article shall be construed to conflict with state or federal laws requiring persons causing or responsible for any release or threatened release of hazardous material from engaging in remediation activities or paying the costs thereof, or both.