Borough of Stanhope, NJ Hazardous Materials

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.

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.

PERSON

Any individual, firm, company, association, society, corporation or group.

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 or contain or carry or store any hazardous material.

§ 90-2 Purpose.

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.

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.

§ 90-3 Reimbursement for expendable items.

Reimbursement to the Borough of Stanhope for any expendable items used shall be made by the following parties:

The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.

The owner or person responsible for any vessel containing hazardous materials involved in any fire, leak or spill.

The owner or person responsible for any property from which any leak or spill of hazardous material emanates.

Any person responsible for any fire, leak or spill of hazardous material.

§ 90-4 Reimbursement for services.

Any person as described in § 90-3 above responsible for any fire, leak or spill involving hazardous material shall reimburse the borough for the full cost of any expendable items used by the borough or any of its agencies to extinguish such fire or stop, contain or clean up such leak or spill.

Any person as described in § 90-3 above responsible for any fire, leak or spill involving hazardous material shall provide reimbursement for services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department to handle such incident.

§ 90-5 Time limit for payment.

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.

§ 90-6 Violations and penalties.

[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.