Borough of Highland Park, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park by Ord. No. 1300 (§ 2-37 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 350.

§ 219-1 Findings.

The Borough Council finds and declares:
A. 
The unauthorized leak, discharge, release or spill of hazardous materials frequently involves substantial effort and expense by public safety, emergency management and other personnel;
B. 
The costs resulting from the clean up of such leaks, discharges, releases and spills should be borne by the persons responsible for the same rather than by the taxpayers of the Borough;
C. 
It is the purpose of this chapter to establish procedures for the recoupment by the Borough of the actual expenses resulting from leaks, discharges, releases and spills of the kind described herein;
D. 
The procedures established by this will enhance and promote the public health and safety.

§ 219-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
EXPENDABLE ITEMS
Any item or materials used to stop or contain any leak, unplanned discharge, release or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular leak, unplanned discharge, release or spill. Expendable items include but are not limited to absorbent material, sand, recovery drums and specialized protective equipment including but not limited to acid suits, acid gloves, goggles and protective clothing.
HAZARDOUS MATERIAL
Any material solid, liquid or gas listed in 49 CFR 171, United States Department Transportation Listing of Hazardous Materials and/or Hazardous Waste, as listed in 40 CFR 262, United States Environmental Protection Agency.
LABOR COSTS
Costs incurred by the Borough of Highland Park include but are not limited to actual labor cost of personnel used in connection with the leak, unplanned discharge, release or spill involving hazardous material.
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.

§ 219-3 Obligation to reimburse.

The following persons are hereby declared to be liable to the Borough for the payment of the costs specified in § 219-4 of this chapter:
A. 
The owner or operator of any vehicle from which any leak, unplanned discharge, release or spill of hazardous material occurs;
B. 
The owner or person responsible for any vessel containing hazardous materials involved in any leak, unplanned discharge, release 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, unplanned discharge, release or spill of hazardous material emanated, whether accidental or through negligence occurs;
D. 
Any person causing any leak, unplanned discharge, release or spill of hazardous materials on public or private property, whether accidental or through negligence.

§ 219-4 Reimbursement required.

A. 
Any individual, corporation or partnership responsible for any leak, unplanned discharge, release or spill of a hazardous material must reimburse the Borough for services rendered by any recovery company, towing company or other technical assistance called for by the Emergency Management Coordinator of the Borough of Highland Park.
B. 
Any individual, corporation or partnership responsible for any leak, unplanned discharge, release or spill of a hazardous material must reimburse the Borough for the full cost of any expendable items and labor costs used to stop, contain or control such a leak, unplanned discharge, release or spill.
C. 
Reimbursement shall be made within 30 days after receipt of a resolution of the Borough Council approving a bill for such items from the Emergency Management Coordinator of the Borough.

§ 219-5 Nonexclusive remedies.

The provision for the recovery of costs provided herein shall be in addition to any other remedies available in law.