[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 11-5-1986 by Ord. No. 2175 (Ch. 133 of the 1978
Code). 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 National
Fire Protection Association 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 replacement or reimbursement
of the specialized and sometimes nonreusable equipment required by
state and federal regulations to be made available in the Township
in case of fire, leakage or spillage involving any hazardous material.
B.
This chapter entitles the Township of Nutley to reimbursement
for any expendable items used by the Township or any of its agencies
in extinguishing any fire, stopping or containing any leak or controlling
any spill of hazardous materials.
Reimbursement to the Township of Nutley for
any 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 materials 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 materials 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
for services rendered by any recovery company, towing company or other
technical assistance called for by the Fire Department to handle such
incident.
Any person, owner or company responsible for
any fire, leak or spill of hazardous materials shall reimburse the
Township of Nutley Fire Department for the full price of any expendable
items used to extinguish such a 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 Township of Nutley Fire Department.
Any person, owner or company responsible for
any fire, leak or spill of hazardous materials who fails to reimburse
the Township of Nutley Fire Department 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 to imprisonment for a period of not more than
six months, or both.
[Amended 5-15-1990 by Ord. No. 2315]
All reimbursements collected for hazardous material
incidents shall be placed into the Fire Department's operation and
equipment budget. A record of all such funds shall be maintained by
the Office of Fire Prevention.[1]
