The following terms shall have the meanings set forth:
DISCHARGE
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, dumping, pouring, emitting, emptying or
dumping of hazardous substance into the air or waters or onto the lands of
the state, or into the air or waters outside the jurisdiction of the state
when damage may result to the lands, waters, air or natural resources within
the jurisdiction of the state.
EXPENDABLE ITEMS
Any items used to extinguish any fire or stop 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, fire-fighting 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 SUBSTANCE
A substance defined as such in Section 3 of the "Spill Compensation
and Control Act," N.J.S.A. 58:10-23.11b.
VEHICLE
Any motorized equipment, registered or unregistered, including, but
not limited to, passenger cars, motorcycles, trucks, tractor trailers, construction
equipment and farm machinery.
VESSEL
Any container, drum, box, cylinder or tank used to hold, contain,
carry or store any hazardous material.
VOLUNTEER ORGANIZATION
A duly incorporated volunteer fire, ambulance, first aid, emergency
or rescue company or squad.
The discharge of hazardous substances is prohibited. This chapter shall
not apply to discharge of hazardous substances pursuant to and in compliance
with the conditions of a federal or state permit. Whenever any hazardous substance
is discharged, the borough may, in its discretion, act to remove or arrange
for the removal of such discharge. 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 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.
Any person responsible for causing or allowing an unauthorized discharge
of a hazardous substance that requires emergency action by a unit or volunteer
organization of the borough in order to protect the public health, safety
or welfare, or the environment, is liable jointly and severally to each such
unit or organization for the necessary and reasonable additional or extraordinary
costs incurred in investigating, mitigating, minimizing, removing and abating
the discharge.
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 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 declared 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.
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 less than $50 or more that $500 per day, or by
imprisonment for a period of not more than six months, or both.