Borough of Cresskill, NJ
Bergen County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Environmental Commission — See Ch. 6, Art. I.
Fire prevention — See Ch. 128.

§ 144-1 Enactment.

This chapter is enacted pursuant to N.J.S.A. 26:3A2-21 et seq., the County Environmental Health Act.

§ 144-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COLLECTING AGENCY
The Borough of Cresskill.
CRESSKILL FIRE DEPARTMENT
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]
EXPENDABLE ITEMS
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]
HAZARDOUS MATERIALS
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.
VEHICLE
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]
VESSEL
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]

§ 144-3 Purpose.

[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.

§ 144-4 Discharge prohibited; liability.

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.

§ 144-5 Reimbursement to Borough.

[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.

§ 144-6 Reimbursement for other services.

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.

§ 144-7 Reimbursement schedule.

[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.

§ 144-8 Violations and penalties.

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.