[HISTORY: Adopted by the Mayor and Council of the Borough
of Wallington 6-27-1996 by Ord. No. 96-11 (Ch. 37, Art. III, of
the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 49.
This chapter provides for the reimbursement for or the replacement
of the specialized and sometimes nonreusable equipment required to
be made available in the Borough in case of fire, leakage or spillage
involving any hazardous material.
As used in this chapter, the following terms shall have the
meanings indicated:
Any items used to extinguish any fire and/or stop or control
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 firefighting foam, chemical extinguishing agents, absorbent material,
sand, recovery drum and specialized protective equipment, to include
but not restricted to acid suits, acid gloves, goggles and protective
clothing.
Any material, solid, liquid or gas, listed as a hazardous
substance or material, including, but not necessarily limited to such
substances and materials listed under the NFPA Guide of Hazardous
Material, the Department of Transportation Guide Book, and the list
of hazardous substances and toxic pollutants designated by the Federal
Environmental Protection Agency and the New Jersey State Department
of Environmental Protection.
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.
Any container, drum box, cylinder or tank used to hold or
contain or carry or store any hazardous materials.
[Added 7-24-1997 by Ord.
No. 97-13]
Costs incurred by the Borough of Wallington and/or other mutual
aid responding units for the following items in connection with the
suppressing, control or cleanup of a fire, leakage or spillage involving
any hazardous substance or hazardous material shall be reimbursed
to the aforesaid respective organizations by the responsible parties
as follows:
A.
The cost of replacement of expendable items.
B.
The expenses incurred by the Borough for the wages (regular and/or
overtime) paid to its employees/agents as a result of a hazardous
materials incident.
C.
Any and all medical costs incurred by responding personnel.
D.
Any and all environmental tests required to ensure a hazard-free
environment (soil-water-air).
E.
A fixed hourly rate for the use of apparatus at incidents computed
at the rate of $200 per hour for the use of specialized and $150 per
hour for the use of any other vehicles to the Borough of Wallington.
F.
All expenses incurred by other mutual aid responding units.
G.
Services rendered by any recovery company, towing company or other
technical assistance called for by the Fire Department or Emergency
Management Coordinator to handle such incidents.
H.
Use of police personnel: current rate per hour, plus 10% of hourly
rate.
[Added 7-24-1997 by Ord.
No. 97-13]
I.
Use of any other Borough-paid personnel: current rate per hour, plus
10% of hourly rate.
[Added 7-24-1997 by Ord.
No. 97-13]
J.
Use of any vehicle of the Fire Department, Emergency Squad, Department
of Public Works and/or ambulance corps: $75 per hour.
[Added 7-24-1997 by Ord.
No. 97-13]
K.
The cost of bags of absorbent shall be $15 per bag.
[Added 10-24-2013 by Ord.
No. 2013-11]
L.
An administrative fee of 20% of the bill incurred under this section.
[Added 10-24-2013 by Ord.
No. 2013-11]
M.
A fee shall be paid calculated at $15 per hour for fireman manpower.
[Added 10-24-2013 by Ord.
No. 2013-11]
N.
In addition to the penalties and costs set forth in § 236-6 below, upon the failure to reimburse the Borough of Wallington for costs of such items within the aforesaid forty-five-day period, the Borough of Wallington shall be entitled to apply for prejudgment interest and reasonable attorneys' fees and costs incurred by it in any action filed to recover such costs from the responsible party.
[Added 10-24-2013 by Ord.
No. 2013-11]
Reimbursement to the Borough of Wallington for any reimbursable
items as set forth above 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
material 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 or hazardous material emanates.
D.
Any person responsible for any fire, leak or spill of hazardous material
on public or private property.
Any responsible party, as set forth in § 236-4 herein, shall reimburse the Borough of Wallington for the full price of any reimbursable items used to extinguish such a fire, stop or contain such a leak, or control and clean up such a spill within 45 days after receipt of a bill for such items from the Borough of Wallington. Billing is to include a twenty-percent administrative fee.
Any responsible party, as set forth in § 236-4 hereof, who fails to reimburse the Borough of Wallington for reimbursable items within the time limit set forth in § 236-5 hereof shall be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington. Upon the failure to reimburse the Borough of Wallington for the cost of such items within said forty-five-day period, and in addition to any penalty provided for in this section, the Borough of Wallington may take such action as may be provided by law to recover such costs from the responsible party.
