[HISTORY: Adopted by the Mayor and Council of the Borough of Wanaque 12-20-1994 as Ord. No. 17-0-94. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 73.
As used in this chapter, the following terms shall have the meanings indicated:
EMERGENCY ACTION
All of the activities conducted in order to prevent or mitigate injury, harm, degradation or adverse impact 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:
A. 
Disposable materials and supplies acquired, consumed and expended specifically for the purpose of the emergency action.
B. 
Compensation of employees for the time and efforts devoted specifically to the emergency action.
C. 
Rental or leasing of equipment used specifically for the emergency action (such as protective equipment or clothing, scientific and technical equipment).
D. 
Replacement costs for equipment owned by the borough that is contaminated beyond reuse or repair; or if this equipment was a total loss and the loss occurred during the emergency action (such as self-contained breathing apparatus irretrievably contaminated during the response).
E. 
Decontamination of equipment contaminated during the response.
F. 
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).
G. 
Other special services specifically required for the emergency action.
H. 
Laboratory costs of analyzing samples taken during the emergency action.
I. 
Costs of cleanup, storage or disposal of the released material.
J. 
Costs associated with the services, supplies and equipment procured for a specific evacuation.
K. 
Medical expenses incurred as a result of the emergency action, including efforts to recover expenses pursuant to this chapter.
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 regulation. This includes but is not limited to such elements and compounds, including petroleum products, which are defined as such by the New Jersey Department of Environmental Protection or as defined by the NFPA Guide of Hazardous Materials or as set forth in the list of hazardous substances adopted by the Federal Environmental Agency or as defined on the list of toxic pollutants by federal or state law or regulation. This definition shall also include substances which the Wanaque Borough Fire Chief or his assistant or the Borough Health Officer or his designee or the Business Administrator or his designee has reasonable reason to believe are hazardous substances. "Hazardous material" shall also include oil or petroleum of any kind or in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oils, oil sludge, oil refuse, oil mixed with other wastes, diesel fuel, crude oil and substantive or additives used in the refining or blending of crude, petroleum or petroleum stock.
PERSON
Public or private corporations, companies, associations, societies, firms, partnerships, joint-stock companies, individuals or any other entity.
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 the 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.
A. 
This chapter provides for the reimbursement for or the replacement of the specialized and sometimes nonreusable equipment required by state and federal regulations or required or deemed prudent or necessary to be made available in the borough in case of fire, release or threatened release involving any hazardous materials, as well as the reimbursement of all other costs for expended resources.
B. 
This chapter entitles the Borough of Wanaque 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, in general, taking any emergency action.
A. 
The cost of materials to be reimbursed to the borough shall include, without limitation, fire-fighting foam, chemical extinguishing agents, absorbent materials, recovery drums and specialized protective equipment, including acid suits, acid gloves, goggles and protective clothing, and any other materials necessary or prudent to accomplish the task.
B. 
For the purposes of this chapter, costs incurred by the borough shall also include but shall not necessarily be limited to the following: actual labor costs of Fire Department personnel and others involved, including workers' compensation benefits, fringe benefits and administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials.
Reimbursements to the borough for the costs of any expended resources shall be made by the following parties jointly and severally:
A. 
The owner or operator of any vehicle responsible for or contributing to any fire, release or threatened release of any hazardous material.
B. 
The owners or persons 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 transit, whether accidental or through negligence.
C. 
The owner or persons responsible for any property from which any release or threatened release of hazardous material emanates, whether accidental or through negligence.
D. 
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.
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 in by the borough to handle such incident.
Any person, owner or company responsible for or contributing to any fire, release or threatened release of hazardous material shall reimburse the Borough of Wanaque 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 Wanaque.
Any person, owner or company responsible for or contributing to any fire, release or threatened release of hazardous materials who or which fails to reimburse the Borough of Wanaque within the time set forth in this chapter 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.
The remedies provided for by this chapter shall be in addition to any other remedies provided by law.
Nothing in this chapter 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.