[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Pohatcong 6-11-1991 by Ord.
No. 91-4. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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 be restricted to acid suits, acid gloves, goggles
and protective clothing.
Any material solid, liquid or gas listed as such under National Fire
Protection Association Guide of Hazardous Materials or Department of Transportation
Guide Book.
Any services provided to the Fire Company to assist in cleanup or
abatement of hazardous materials, including but not limited to the services
of a recovery company, towing company, construction contractor, or other technical
assistance.
Any motorized equipment, registered or unregistered, including but
not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction
equipment and farm machinery.
Any container, drum, box, cylinder or tank used to hold or contain
or carry or store any hazardous material.
A.
This chapter provides for the replacement or reimbursement
of the specialized and sometimes nonreusable equipment required by state and
federal regulations to be made available in the township in case of fire,
leakage or spillage involving any hazardous material.
B.
This chapter entitles the Huntington Volunteer Fire Department
("Fire Company") to reimbursement for any expendable items or specialized
services used by the township or any of its agencies in extinguishing any
fire involving, stopping or containing any leak of or controlling any spill
of hazardous materials.
A.
The township and Fire Company are authorized to cleanup
or abate the effects of any hazardous material deposited upon or into property
or facilities of the township; and any person or persons who intentionally
or negligently caused such deposit shall be liable for the payment of all
costs incurred by the township and/or the Fire Company as a result of such
cleanup or abatement activity. The remedy provided by this section shall be
in addition to any other remedies provided by law.
B.
For purposes of this section, costs incurred by the township
and/or the Fire Company shall include but not necessarily be limited to the
following: actual labor costs of township personnel, e.g., police and fire
dispatchers; cost of equipment operation; cost of expendable items and specialized
services obtained directly by the township or the Fire Company; and cost of
any contract labor and materials.
C.
The authority to recover costs under this section shall
not include actual fire suppression services which are normally or usually
provided by the Fire Company.
Reimbursement to the township and/or the Fire Company, as may be appropriate,
for any expendable items used and specialized services rendered shall be made
by the following parties:
A.
The owner or operator of any vehicle responsible for
any fire, leak or spill of hazardous material.
B.
The owner or person responsible for any vessel containing
hazardous materials involved in any fire, leak or spill on public or private
property, whether stationary or in transit, whether accidental, through negligence,
or otherwise.
C.
The owner or person responsible for any property for
which any leak or spill or hazardous material emanates, whether accidental
or through negligence.
D.
Any person responsible for any fire, leak or spill of
hazardous materials on public or private property, whether accidental, through
negligence, or otherwise.
Any person, owner or company responsible for any fire, leak or spill
of hazardous materials shall reimburse the township and/or the Fire Company
as may be appropriate, for the full price of any expendable items used to
extinguish such a fire, stop or contain such a leak or control such a spill
and of any specialized services rendered in connection with the foregoing
within a period of 45 days after receipt of a bill for such items or services
from the Township of Pohatcong.
Any person, owner or company responsible for any fire, leak or spill
of hazardous materials who fails to reimburse the township and/or the Fire
Company, as is appropriate, within the time set forth in this chapter shall
be subject to a fine of not less than $50 nor more than $500 per day or to
imprisonment for a period of not more than six months, or both, Any such penalty
shall be in addition to the amount owed by said person, owner or company for
reimbursement to the township and/or the Fire Company, as authorized under
this chapter.
