[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope
10-25-1994 by Ord. No. 1994-21. 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. This definition shall also include items of equipment
which must be refurbished, cleaned or otherwise restored after use in extinguishing
any fire or stopping, containing or cleaning up any leak or spill involving
any hazardous material.
Any material, solid, liquid or gas listed as such under the National
Fire Protection Association Guide of Hazardous Materials or Department of
Transportation Guide Book.
Any individual, firm, company, association, society, corporation
or group.
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 reimbursement for the replacement
cost of the specialized and sometimes nonreusable equipment required by state
and federal regulations to be made available in the borough in case of fire,
leakage or spillage involving any hazardous material.
B.
This chapter entitles the Borough of Stanhope to reimbursement
for any expendable items used by the borough or any of its agencies in extinguishing
any fire, stopping or containing any leak or controlling any spill of hazardous
materials.
Reimbursement to the Borough of Stanhope for any expendable items used
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.
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 fire, leak or spill of
hazardous material.
All payments for the cost of expendable items shall be made within a
period of 45 days after a receipt of a bill for the same from
the borough.
[Amended 6-30-1998 by Ord.
No. 1998-8]
Any person described in § 90-3 who fails to reimburse the Borough of Stanhope within the time set forth in this chapter shall be punishable by a fine not less than $50 nor exceeding $1,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each day of nonpayment after the time period set forth above shall be a separate offense.