[HISTORY: Adopted by the Mayor and Council
of the Borough of Cresskill 5-1-1990 by Ord. No. 90-7-1030. Amendments noted where applicable.]
This chapter is enacted pursuant to N.J.S.A.
26:3A2-21 et seq., the County Environmental Health Act.
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Cresskill.
The Borough of Cresskill Division of Fire is the authority
having jurisdiction to determine the level of hazard, mitigating,
controlling or containing any incident in which a hazardous material
is involved in a fire, leak, release or spill or where the potential
thereof exists or for the prevention of the same, including but not
limited to public safety.
[Added 12-4-2013 by Ord.
No. 13-10-1453]
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 drums and specialized protective equipment to include,
but not restricted to, acid suits, acid gloves, goggles and protective
clothing.
[Added 12-4-2013 by Ord.
No. 13-10-1453]
Any material, solid, liquid or gas, listed as such under
the National Fire Protection Association Guide of 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, and any hospital or medical waste,
including county, along with its agents, departments and employees.
Any motorized equipment registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor trailers,
construction equipment, farm machinery, watercraft, aircraft and trains.
[Added 12-4-2013 by Ord.
No. 13-10-1453]
Any container, drum, box, cylinder, bottle or tank used to
hold or contain or carry or store any hazardous material.
[Added 12-4-2013 by Ord.
No. 13-10-1453]
[Amended 12-4-2013 by Ord. No. 13-10-1453]
This chapter provides for the reimbursement for or the replacement
of:
A.
Any and all equipment utilized by the Borough of Cresskill
for costs expended, without regard to ownership for the purpose of
mitigating, controlling or containing any incident in which a hazardous
material is involved in a fire, leak, release or spill or where the
potential thereof exists or for the prevention of the same.
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
material 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 $150 for use of a fire engine, $185 for a ladder truck,
$100 for a command vehicle and $50 for use of any other vehicles.
F.
Services rendered by any recovery company, towing company or other
technical called for by the Fire Department to handle such incidents.
A.
The discharge of hazardous substances is prohibited.
This section shall not apply to the discharge of hazardous substances
pursuant to and in compliance with the conditions of a federal or
state permit.
B.
Any person who may be subject to liability for a discharge
or becomes aware of a discharge which occurred prior to or after the
effective date of this chapter shall immediately notify the Cresskill
Fire Department to determine the level of hazard. Failure to report
shall result in a fine not to exceed $1,000.
[Amended 12-4-2013 by Ord. No. 13-10-1453]
C.
Whenever any hazardous substance is discharged, the
Borough of Cresskill may, in its discretion, act to remove or arrange
for the removal of such discharge.
D.
Any person who has discharged a hazardous substance
or in any way is responsible for any hazardous substance which has
been or shall be removed by the Borough of Cresskill shall be strictly
liable, jointly and severally, without regard to fault, for all cleanup
and removal costs and shall be liable for the wages (regular and overtime)
paid and the costs of medical and hospital treatment for injuries
incurred by the agents, servants and employees of the Borough of Cresskill.
[Amended 12-4-2013 by Ord. No. 13-10-1453]
Reimbursement to the Borough of Cresskill Division
of Fire for expendable items used 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 material 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 causing any hazardous material fire,
leak, spill or release involving a hazardous material must provide
reimbursement for services rendered by any recovery company, towing
company or any other technical assistance called for by the Borough
of Cresskill to handle such incident. In the event of a vehicle having
been responsible for an incident, such vehicle shall be impounded
until such time as it has been deemed safe to proceed by the incident
commander, in conjunction and cooperation with the Bergen County Hazardous
Materials Unit, and until such time as arrangements have been made
to reimburse the Borough and the towing company for their expenditures
under the terms of this chapter.
[Amended 12-4-2013 by Ord. No. 13-10-1453]
The person or entity responsible for any fire,
leak or spill of hazardous materials shall reimburse the Borough of
Cresskill Division of Fire 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, within 45 days after receipt of a bill therefor.
The collecting agency shall utilize its best efforts to collect costs
hereunder and shall reimburse its agents or the local unit of the
amounts collected. In the event that the collecting agency is not
able to collect said costs or only a portion thereof, the collecting
agency shall not be responsible to its agents of the local units for
the full amount of the same.
The person or entity responsible for any fire,
leak or spill of hazardous material who fails to reimburse the Borough
within the time required shall be subject to a fine of not more than
$50 nor more than $500 per day or by imprisonment for a period of
not more than six months, or both.
