[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale
7-10-2001 by Ord. No. 01-14. Amendments noted where applicable.]
A.
This chapter provides for the reimbursement for, or the
replacement of, any and all equipment utilized by the Borough of Hillsdale,
for costs expended, without regard to ownership, for the purpose of mitigating,
controlling, or containing any incident in which a hazardous material is involved
in a fire, leak, release or spill, or where the potential thereof exists,
or for the prevention of same.
B.
This chapter also provides for the reimbursement for
the expenses incurred by the Borough for the overtime wages paid to its employees,
agents or servants and the costs of medical or hospital treatment for injuries
sustained by any employee, agent or servant of the Borough resulting from
an incident involving a hazardous material and any miscellaneous expenses
incurred by the Borough from an incident involving a hazardous material.
C.
This chapter mandates, in the discretion of the Borough,
the reimbursement to the Borough of Hillsdale for any expendable items used
by the Borough or any of its employees, agents, servants, officers, or officials,
in extinguishing any hazardous material fire, stopping or containing or controlling,
or mitigating any spill, release, or leak of any hazardous material.
As used in this chapter, the following terms shall have the meanings
indicated:
Any items used to extinguish any fire and/or stop or control 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 a hazardous substance
or material, including, but not necessarily limited to, such substances and
materials listed under the N.F.P.A. Guide of Hazardous Material, the Department
of Transportation Guide Book, and the list of Hazardous Substances and Toxic
Pollutants designated by the Federal Environmental Protection Agency and the
New Jersey State Department of Environmental Protection.
Any natural person or individual of any firm, partnership, association,
limited partnership, proprietorship, corporation, on any other business entity
or any government agency or entity.
Any motorized equipment registered or unregistered, including, but
not limited to, a passenger car, motorcycle, truck, tractor, trailer, construction
equipment, farm machinery, watercraft, aircraft and train.
Any container, drum, box, cylinder, bottle, or tank used to hold,
contain, carry or store any hazardous material.
A.
The discharge of hazardous materials is prohibited, unless
the responsible party is in compliance with the conditions of a federal or
state permit.
B.
Any person who may be subject to liability for a discharge,
or becomes aware of a discharge which has occurred, shall immediately notify
the Borough of Hillsdale Police Department.
C.
Whenever a hazardous material is discharged, the Borough
of Hillsdale may, in its discretion, act to remove or arrange for the removal
of such discharge.
D.
Any person who has discharged a hazardous material which
has been or shall be removed by the Borough of Hillsdale may, in the discretion
of the Borough, be liable, jointly and severally, without regard to fault,
for all cleanup and removal costs.
Costs incurred by the Borough of Hillsdale and/or other mutual aid responding units for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material shall, in the discretion of the Borough, be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in § 171-5 below;
A.
The cost of replacement of expendable items.
B.
The expenses incurred by the Borough for the wages (regular
and/or overtime) paid to its employees/agents as a result of a hazardous material
incident.
C.
Any and all medical costs incurred by responding personnel.
D.
Any and all environmental tests required to insure a
hazard-free environment (soil-water-air).
E.
A fixed hourly rate for the use of apparatus at incidents
computed at the rate of $200 per hour for the use of specialized and $150
per hour for the use of any other vehicles to the Borough of Hillsdale.
F.
All expenses incurred by other mutual aid responding
units.
G.
Services rendered by any recovery company, towing company
or other technical assistance called for by the Fire Department or Emergency
Management Coordinator to handle such Incidents.
In the discretion of the Borough, reimbursement to the Borough of Hillsdale
for any reimbursable item, as set forth above, shall be made by the following
parties:
A.
The owner or operator of any vehicle responsible for
any fire, leak or spill or hazardous material, whether accidental or through
negligence.
B.
The owner or person responsible for any vessel containing
hazardous material involved in any fire, leak or spill on public or private
property, whether stationary or in transit, whether accidental or through
negligence.
C.
The owner or person responsible for any property from
which any leak or spill of hazardous material emanates, whether accidental
or through negligence.
D.
Any person responsible for any fire, leak or spill of
hazardous material on public or private property, whether accidental or through
negligence.
In the discretion of the Borough, any responsible party, as set forth in § 171-5 hereof, shall reimburse the Borough of Hillsdale for the full price of any reimbursable items used to extinguish such a fire, stop or contain such a leak or control and clean up such a spill within 45 days after receipt of a bill for such items from the Borough of Hillsdale. Billing is to include a twenty-percent administrative fee.
Any responsible party, as set forth in § 171-5 hereof, who fails to reimburse the Borough of Hillsdale for reimbursable items within the time limit set forth in § 171-6 hereof shall be subject to a fine of not less than $100 nor more than $500 or imprisonment for a period of not more than 90 days, or both. Upon the failure to reimburse the Borough of Hillsdale for the cost of such items within said forty-five-day period, and in addition to any penalty provided for in this section hereof, the Borough of Hillsdale may take such action, as may be provided by law, to recover such costs from the responsible party.
