[HISTORY: Adopted by the Township Council of the Township of Brick as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 245.
Littering — See Ch. 267.
Sewers — See Ch. 352.
Solid waste — See Ch. 390.
Stormwater management — See Ch. 396.
[Adopted 6-23-2009 by Ord. No. 41-09]
A. 
This article provides for the reimbursement to the Township of any and all equipment and costs expended for the purposes of mitigating, controlling or continuing any incident in which a hazardous material is involved in a fire, leak, release, accident or spill, or where the potential thereof exists, or for the prevention of same; also for the reimbursement for the expenses incurred by the Township for the wages (regular and overtime) paid to its employees, agents or servants as a result of any incident involving a hazardous material fire, leak, release, accident or spill of a hazardous material, and for the costs incurred by agents, servants and employees of the Township.
B. 
This article also provides for the repayment and collection of all expenses incurred by voluntary hazardous material response teams, including those who respond through mutual aid such as fire companies and first aid squads.
In the event of a spill, release, leak or accident involving hazardous materials, any and all costs and expenses incurred by the Township and by any voluntary hazardous material response teams (including those who respond through mutual aid including, without limitation, fire companies and first aid squads) shall be borne by the spiller and/or responsible party and/or releaser of such hazardous materials and/or substances and pollutants as defined herein and as may be set forth and defined under state law, including, without limitation, those hazardous substances, chemicals, pollutants and materials that may be defined in any act or law of the state of New Jersey.
As used in this article, the following terms shall have and include the meanings hereinafter prescribed:
DISCHARGE
Any intentional or unintentional act, action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substances into any waters which flow within the jurisdiction of the Township or on any land within the corporate limits and/or jurisdiction of the Township.
EXPENDABLE ITEMS
Any items used to extinguish or prevent any hazardous material fire, or stop or contain any leak, release or spill involving any hazardous material, which cannot be reused or cannot be replenished without cost after that particular incident. These expendable items include, but are not limited to: fire-fighting foam, chemical extinguishing agents, absorbent materials, sand recovery drums and any protective equipment and clothing to include, but not be restricted to, chemical protective suits, chemical protective gloves, goggles and any other items owned or controlled by the Township and/or any public-related full-time or voluntary response team.
HAZARDOUS MATERIAL
Any material, solid, liquid or gas, listed as such under the N.F.P.A. Guidebook of Hazardous Materials, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), the list of hazardous substances set forth in the New Jersey Spill Compensation and Control Act,[1] and any material warranting removal or cleanup in the opinion of the Township's Emergency Management Coordinator.
TOWNSHIP
The Brick Township employees, agents, officers, officials and supporting units as directed by the Brick Emergency Management Coordinator, including, but not limited to, the Township's Fire Departments and the Brick Township Police Department.
VEHICLE
Any motorized equipment, registered or unregistered, including, but not limited to, passenger car, motorcycle, truck, tractor trailer, tank truck, construction equipment, farm machinery, watercraft, aircraft and trains.
VESSEL
Any container, drum, box cylinder or tank used to hold or contain or carry or store any hazardous materials, whether or not said container was manufactured for the containment of a hazardous material.
[1]
Editor's Note: See N.J.S.A. 58:10-23.11 et seq.
A. 
The discharge of hazardous substances and materials is prohibited. This section shall not apply to discharge of hazardous substances pursuant to and in full authorized compliance with the conditions of a federal or state permit.
B. 
Any person and/or entity who may be subject to liability for a discharge or become aware of a discharge which occurred prior to or after the effective date of this article shall immediately notify the Township Emergency Management Coordinator.
C. 
Whenever any hazardous substance is discharged, the Township may in its discretion act to remove or arrange for the removal of such discharge.
D. 
Any person and/or entity who has discharged a hazardous material and/or substance or who has failed to report a discharge or who is in any way responsible for any hazardous substance and material which has been or shall be removed by the Township shall be strictly liable, jointly and severally, without regard to fault for all cleanup and removal costs paid and the costs of any medical and hospital treatment for injuries incurred by the agents, servants and employees of the Township and/or others as defined herein.
E. 
In addition to the costs and expenses set forth in Subsection D above, the parties responsible for a discharge must provide reimbursement for the established salaries and wages (including overtime where same is approved by the proper Township representative) for all Township employees involved in the cleanup and removal. Also, the cost of all Township vehicles involved in the cleanup and removal shall be reimbursed pursuant to the following schedule:
(1) 
Police vehicles: $40/hour.
(2) 
DPW vehicles: $50/hour.
(3) 
Fire Department costs (one-hour minimum unless stated otherwise):
(a) 
Fire engine: $200/hour with crew (one driver and three firefighters; one must be an officer or acting officer).
(b) 
Ladder truck: $300/hour with crew (one driver and four firefighters; one must be identified as an officer).
(c) 
Rescue unit: $250/hour with crew (one driver and four firefighters; one must be an acting officer).
(d) 
Brush unit: $100/hour with crew (one driver and two firefighters; one must be an acting officer).
(e) 
Fire boat: $100/hour with crew (one driver and two firefighters, one shall be considered an officer).
(f) 
Certified fire inspector standby: $50/hour (two-hour minimum).
Reimbursement to the Township and voluntary hazardous material response teams and others as hereinbefore indicated shall be made by the owner or operator of the vehicle responsible for the hazardous material fire, leak or spill of hazardous material; by the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit, and whether accidental or through negligence; by the owner or person responsible for any property from which any leak or spill of hazardous emanates, whether accidental or through negligence; and by the person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property whether accidental or through negligence.
Any person and/or entity causing any hazardous material fire, leak, spill or release involving a hazardous material and substance shall be responsible for all costs for services rendered by any recovery company, towing company or any other technical assistance called for by the Township to handle such incident.
Any person and/or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Township the full price of expendable items and costs used to extinguish such fire, or to stop or contain such leak, or to control such spill and for all costs and expenses set forth in this article within 45 days after receipt of a statement from the Township outlining said costs and expenses.
Any person, corporation, entity and/or other violating any provisions of this article and responsible for any fire, leak or spill of hazardous materials or substances within the Township who fails to reimburse the Township and others as provided herein within the time required shall be liable and subject to a penalty and/or fine for each violation and each offense in accordance with § 1-15.