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.
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.