Township of Byram, NJ Chapter 169 Hazardous Materials

[HISTORY: Adopted by the Township Council of the Township of Byram as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fire insurance claims — See Ch. 131.

Littering and dumping — See Ch. 167.

Article I Cleanup Cost Reimbursement

[Adopted 9-21-1998 by Ord. No. 14-1998]

§ 169-1 Definitions.

As used in this chapter, the following definitions shall apply:

EXPENDABLE ITEM

Any item which cannot be reused or replenished without cost after it is used to extinguish a fire or to stop or contain a leak or spill involving a hazardous material. Expendable items include, but are not restricted to, fire-fighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment including acid suits, acid gloves, goggles and protective clothing.

HAZARDOUS MATERIAL

Any material, solid, liquid or gas, listed as a hazardous material in the National Fire Protection Association Guide of Hazardous Materials or the Department of Transportation Guidebook or as so defined by the New Jersey Department of Environmental Protection.

VEHICLE

Motorized equipment, registered or unregistered, including but not limited to passenger automobiles, motorcycles, trucks, tractor-trailers, construction equipment, marine vessels and farm machinery.

§ 169-2 Parties to be held responsible for reimbursement.

The following parties are liable to reimburse the Township of Byram for the cost of any expendable item used in the emergency response to or the cleanup of an incident involving hazardous materials:

A. The owner and/or operator of any vehicle responsible for a fire, leak or spill of hazardous material;

B. The owner and/or operator of any marine vessel containing hazardous material, whether stationary or in transit, that is involved in a fire, leak or spill on public property, through negligence or intentional;

C. The owner and/or operator of any property from which a leak or spill of hazardous material emanates, whether accidental, intentional or negligent; and

D. Any person or entity responsible for a fire, leak or spill of hazardous material on public or private property, whether accidental, intentional or negligent.

§ 169-3 Reimbursement for services of recovery company, towing company or technical assistance.

[Amended 2-4-2008 by Ord. No. 2-2008]

Any person or entity responsible for a fire, leak or spill of hazardous material must provide reimbursement for the cost of services rendered by any recovery company, towing company or other assistance summoned by the Police Department, Fire Department or Emergency Management Coordinator to handle the incident. Such reimbursement shall include a minimum response fee as set forth in Chapter A287, Fees.

§ 169-4 Period for payment of reimbursement.

Any person or entity responsible for a fire, leak or spill of hazardous material shall reimburse the Township of Byram within 30 days of receipt of a bill for the full price of any expendable item used to extinguish a fire, to stop, control, contain or clean up a leak or spill.

§ 169-5 Violations and penalties.

Any person or entity responsible for a fire, leak or spill of hazardous material who fails to reimburse the Township as required by this chapter within 30 days of receiving a bill shall be subject to a fine of not less than $50 and not more than $100 per day or by imprisonment for up to six months, or both. Each day shall constitute a separate offense.