[HISTORY: Adopted by the City Council of the City of Trenton 9-7-1967
as § 3-30 of the Revised General Ordinances. Amendments noted where
applicable.]
This chapter is enacted pursuant to N.J.S.A. 40:69A-29, to supplement
the provisions of N.J.S.A. 58:10-23.11a et seq.
The Trenton Fire Department has been required to respond to an increasing
number of hazardous materials incidents. These responses can involve substantial
expenditures. The purpose of this chapter is to insure that the City is financially
able to respond to hazardous materials incidents by requiring the person or
entity who causes discharge of hazardous materials to reimburse the City for
the expenditures made in responding to that incident.
As used in this chapter, the following terms shall have the meanings
indicated:
The cost to the City to extinguish or prevent any hazardous materials
fire or stop, contain or control any discharge of hazardous materials. Such
costs shall include the replacement cost of any materials used, the wages,
regular or overtime, paid to City employees, agents or servants as a result
of a discharge of hazardous materials, the cost of medical and hospital treatment
for injuries incurred by employees, agents or servants of the City as a result
of such discharge, and the cost for any services rendered by any recovery
company, towing company or any other technical assistance called for by the
City to handle such incident.
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, pumping, pouring, emitting, emptying or
dumping of hazardous substances into any waters which flow within the jurisdiction
of the City or upon any land within the jurisdiction of the City.
Any material, solid, liquid or gas, listed as such under the NFPA
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, but not limited to, syringes,
bandages and discarded pharmaceutical products.
Any person or entity who causes or permits the discharge of hazardous
materials shall be strictly liable, jointly and severally, without regard
to fault, for all control and cleanup costs incurred by the City.
Any person or entity liable for control and cleanup costs pursuant to
this chapter shall reimburse the City the entire amount of such costs within
45 days after receipt of the bill.
Any funds collected pursuant to this chapter shall be deposited in a
hazardous materials fund account, and shall be used to replace all materials
and supplies used by the City in the cleanup, to set off the cost of salaries
in the regular or overtime account, and to pay any and all other costs incurred
as a result of the discharge of hazardous materials.
