[Adopted 3-19-2020 by Ord. No. 1021]
As used in this article, the following terms shall have the
meanings indicated:
A calculation of reimbursement costs for items, plus any
and all wages paid, plus an hourly rate for use of any and all equipment,
plus any and all administrative costs.
Spilling, leaking, flowing or running of substances into
the environment, without regard to cause, and shall include causes
that are man-made, natural, accidental, unavoidable or from any cause
whatsoever.
The air, ground and waters in, and adjoining, the Borough
of Oceanport.
Any items used to stop or contain any discharge involving
any hazardous materials that cannot be used again or cannot be replenished
without cost after that particular incident. These expendable items
include, but are not limited to, firefighting foam, chemical extinguishing
agents, absorbent and nonabsorbent materials, brooms, pads, pillows,
rope, sand, recovery drums and any protective equipment and clothing,
including but not restricted to chemical protective suits, chemical
protective gloves, goggles and any other item owned or controlled
by the Borough of Oceanport, its employees, agents, officers and/or
officials.
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 the Congress of the EPA, pursuant to Section 307 of
the Federal Water Pollution Control Act, and any hospital or medical
waste, including but not limited to syringes, bandages and discarded
pharmaceutical products or any substance on the New Jersey Hazardous
Substance List.
A.
It shall be unlawful for any person to permit or be responsible for
the emission of any substance into the environment of the Borough
of Oceanport.
B.
It shall be unlawful for any person to fail to pay compensation to
the Borough of Oceanport within 30 days following his receipt of a
bill for compensation pursuant to this article.
Whenever the Borough of Oceanport, through the offices of the
Health Officer, Police Chief, Fire Chief(s), Fire Prevention Bureau,
Office of Emergency Management, Mayor and/or Administrator, identifies
an emission into the environment of the Borough of Oceanport of any
substance in such a manner so that, in the professional opinion of
the above, immediate cleanup and/or mitigation is required, the above
shall order, which order may be verbal, the responsible person to
take immediate action to abate the emission. Should the responsible
person not be available, or for whatever reason not take action as
in the professional opinion of the above agents of the Borough of
Oceanport, then the agent of the Borough of Oceanport may, at his
discretion, engage Borough of Oceanport personnel and/or supplies
and/or equipment and/or expendable items and/or contract in the name
of the Borough of Oceanport qualified private entities to take action
to immediately abate and/or clean up and/or mitigate the emission.
The responsible person should then be billed by the Borough of Oceanport
for all costs incurred in this action in response to the emission.
From and after the effective date of this article, any person,
corporation, partnership or other legal entity shall be required to
reimburse the Borough of Oceanport for any violation of the sections
of this article.
This article shall apply to any hazardous spill that is the
result of any traffic accident arising in the Borough of Oceanport
or any hazardous spill arising from the discharge of hazardous materials
from any automobile or equipment on the streets of the Borough of
Oceanport or any public property or the air or waters contiguous to
the Borough of Oceanport from any source.
In the event that the Oceanport Police Department or Fire Department
or any health officer or emergency management or Construction Code
Official of the Borough of Oceanport is called out to abate a spill
or shall be asked to investigate any traffic accident or is called
upon to investigate any condition on the city streets or sees any
of the conditions set forth in this article, the appropriate officer
shall make an investigation of the scene to determine whether hazardous
materials have been spilled onto the roadways of the Borough of Oceanport
or other public or private property or water in the city or the air
or waters contiguous to the Borough of Oceanport.
A.
After an investigation, the appropriate officer as set forth in the
preceding section shall be authorized to issue a summons to the owner
and/or operator of any such vehicle or agent or responsible person
of any instrumentality which discharges hazardous substances onto
the streets or other public or private property or air or water in
the Borough of Oceanport. Said summons will be returnable in the Municipal
Court of the Borough of Oceanport and, upon conviction of any offense,
the offender, owner and/or driver of said vehicle or agent or responsible
person of the instrumentality of such discharge shall be subject to
the following penalties.
B.
For a conviction under this article, penalties shall be as follows:
(1)
The Municipal Court shall impose a fine in an amount not to exceed
$1,200.
(2)
The defendant shall be required, as an additional penalty of the
Municipal Court, to repay to the Borough of Oceanport the cost of
cleanup of the hazardous spill, which shall include the cost of the
product necessary to be used on the roadway and/or streets of the
Borough of Oceanport and for any cost of manpower and equipment used
by the Public Works Department or Fire Department of the Borough of
Oceanport or any agents, representatives, contractors or otherwise
hired by the Borough of Oceanport to clean up said hazardous spill.
The Borough of Oceanport is further authorized to apply to any appropriate
judicial body, including the Superior Court of New Jersey, for reimbursement
for the full cost of cleanup of the hazardous spill that is incurred
by the Borough of Oceanport. Such funds shall be returned to the line
item used to purchase the materials used.
C.
It shall be the responsibility of the Borough of Oceanport to present
to the presiding Judge of the Municipal Court a list of the expenses
incurred, limited to the cost of the product necessitated for the
cleanup, any overtime as paid to any Borough employee and the cost
of any equipment used by the Borough of Oceanport necessitated in
said cleanup. The Borough of Oceanport is further authorized to present
to the appropriate judicial body, including the Superior Court of
New Jersey, whether by complaint or other application, a list of the
expenses incurred, and take whatever steps necessary for application
for reimbursement.
