Borough of Norwood, NJ Chapter 139 Hazardous Materials

[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood by Ord. No. 94-0-25 (Ch. XXIII of the Revised General Ordinances); amended in its entirety 12-9-2020 by Ord. No. 20:08. Subsequent amendments noted where applicable.]

§ 139-1 Purpose.

The purpose of this chapter is to provide for reimbursement to the Borough for costs incurred in connection with actual, reported, or suspected hazardous material incidents that occur within the Borough, which the Mayor and Council finds cause public nuisances or that otherwise cause the Borough and other entities to incur unexpected costs and expenses in the protection of the public health, safety, and welfare, of the residents of the Borough.

§ 139-2 Definitions.

The following terms as used in this chapter will be construed as follows:

BOROUGH

The Borough of Norwood.

EXPENDABLE ITEMS

Any items used to, in connection with any hazardous material incident, including, but not limited to, extinguish any fire and or to stop, control, or contain any leak or spill involving any hazardous material, which cannot be reused or cannot be replenished without cost after use in a hazardous material incident. These items 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.

HAZARDOUS MATERIAL INCIDENT

Any actual, reported, or suspected fire, leakage, discharge, spill, or exposure of any person or property to any hazardous materials occurring in the Borough.

HAZARDOUS MATERIALS

Any material, solid, liquid, or gas, that is listed as a hazardous substance or material, including, but not limited to, any substances and materials listed under the National Fire Protection (N.F.P.A.) Guide of Hazardous Materials, 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 Department of Environmental Protection.

VEHICLE

Any motorized equipment, registered or unregistered, including, but not limited to, a passenger car, motorcycle, truck, tractor trailer, construction equipment, farm machinery, watercraft, aircraft, fire truck and apparatus, and railroad cars, engines, or equipment.

VESSEL

Any container, drum, box, cylinder, bottle, or tank used to hold or contain or carry or store any hazardous material.

§ 139-3 Reimbursable items.

Costs incurred by the Borough for the following items used in connection with the response to, suppressing, control, or cleanup of any hazardous material incident will be reimbursed to the Borough by the responsible parties as defined in § 139-4 herein as follows:

A. The cost or replacement of expendable items.

B. The expenses incurred by the Borough for the wages (regular and/or overtime) paid to its employees, officers, officials, and 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 insure a hazard-free environment (soil, water, or air).

E. A fixed hourly rate of $150 for the use of Borough vehicles and apparatus responding to incidents, including, but not limited to, fire vehicles and apparatus, police vehicles, ambulances, and Department of Public Works vehicles.

F. All expenses for reimbursable items incurred by any mutual-aid responding units.

G. Costs of services rendered by any recovery company, towing company, or other technical assistance called for by the appropriate municipal department or official to handle a hazardous material incident.

§ 139-4 Parties responsible for reimbursement.

The following parties are deemed responsible parties who will reimburse the Borough for any reimbursable items, as set forth in § 139-3:

A. The owner or operator of any vehicle responsible for or suspected of causing any hazardous material incident.

B. The owner or person responsible for any vessel containing hazardous material involved in any hazardous material incident occurring 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 of hazardous material emanates.

D. Any person responsible for any hazardous material incident on public or private property.

§ 139-5 Period for payment; administrative fee.

Any responsible party as set forth in § 139-4 will reimburse the Borough and/or any mutual-aid units or the full price of any reimbursable items used in response to a hazardous material incident within 45 days after receipt of a bill from the Borough. All billing will include a 20% administrative fee.

§ 139-6 Trust fund deposits.

All reimbursable items that the Borough recovers from responsible parties pursuant to this chapter will be deposited into a dedicated trust fund to be established by the Borough to fund the purchase of replacement goods and equipment used in response to hazardous material incidents.

§ 139-7 Violations and penalties.

A. Any responsible party, as defined in § 139-4, who fails to reimburse the Borough for reimbursable items within the time stated in § 139-5 will be subject to a fine of not less than $100 nor more than $1,250 per violation or imprisonment for a period of not more than 90 days or both, upon the failure to reimburse the Borough for the cost of such items within said forty-five-day period.

B. A separate offense or violation will be deemed to be committed on each day that a violation occurs or continues.

§ 139-8 Civil actions.

In addition to any penalty provided in § 139-7, the Borough may take any actions that may be provided by law to recover from any responsible party or parties all costs of the reimbursable items incurred in response to a hazardous material incident. To the extent permitted by law, the Borough may recover its own attorney's fees and costs in any civil action filed pursuant to this chapter.