As used in this chapter, the following terms shall have the
meanings indicated:
DISCHARGE
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances into any waters which flow within
the jurisdiction of this Township or any land, public or private,
within the municipal boundaries of the Township of Allamuchy.
EXPENDABLE ITEMS
Any items used to extinguish or prevent any 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 and 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 item owned or requested by
the Township of Allamuchy, the Allamuchy Volunteer Fire Company, the
Allamuchy Office of Emergency Management or their employees, agents,
officers and/or officials.
HAZARDOUS MATERIALS
Any material, solid, liquid or gas, listed as such under
the NFPA Guide to Hazardous Materials; the Department of Transportation
Guide Book; the list of hazardous substances adopted by the Federal
Environmental Protection Agency (EPA), pursuant to Section 311 of
the Federal Water Pollution Control Act Amendment of 1972, as amended
by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.);
and the list of toxic pollutants designated by Congress or the EPA
pursuant to Section 307 of the Federal Water Pollution Control Act.
VEHICLE
Any motorized equipment, registered or unregistered, including
but not limited to a passenger car, motorcycle, truck, tractor-trailer,
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.
Any person who shall cause a hazardous substance to spill or
be discharged shall make reimbursement to the Township for expendable
items used in connection with any fire, leak or spill on public or
private property, whether stationary or in transit and whether accidental
or through negligence.
Any person responsible for any fire, leak, spill or release
involving a hazardous material shall reimburse the Township of Allamuchy
for services rendered by any recovery company, towing company, hazardous
materials response unit or any other technical assistance called for
by the Township to handle such incident. In the event of a vehicle
having been responsible for an incident, such vehicles shall be impounded
until such time as it has been deemed safe to proceed by the Incident
Commander in consultation with Office of Emergency Management officials
and until such time as arrangements have been made to reimburse the
Township and the towing company for expenses incurred pursuant to
the terms of this chapter of the Code of the Township of Allamuchy.
The person or entity responsible for any fire, leak or spill
of hazardous materials shall reimburse the Township the full cost
of expendable items used to extinguish such fire or to stop or contain
such leak or to control such spill within 30 days after receipt of
a statement from the Township of Allamuchy setting forth the amount
of reimbursement required.