[Adopted 4-18-1991 by Ord.
No. 7-91 (Ch. 60, Art. I, of the 1972 Code)]
As used in this article, the following terms shall have the meanings
indicated:
EMERGENCY ACTION
All of the activities conducted in order to prevent or mitigate injury
to human health or to the environment from a release or threatened release
of any hazardous material into or upon the environment.
EXPENDED RESOURCES
In general, those resources expended that are reasonable, necessary
and allocable to the emergency action. "Expended resources" may include, but
are not limited to:
A.
Disposable materials and supplies acquired, consumed and expended specifically
for the purpose of the emergency action.
B.
Compensation of employees for the time and efforts devoted specifically
to the emergency action.
C.
Rental or leasing of equipment used specifically for the emergency action
(such as protective equipment or clothing, scientific and technical equipment).
D.
Replacement costs for equipment owned by the Borough that is contaminated
beyond reuse or repair, if the equipment was a total loss and the loss occurred
during the emergency action (such as self-contained breathing apparatus irretrievably
contaminated during the response).
E.
Decontamination of equipment contaminated during the response.
F.
Special technical services specifically required for the response (such
as costs associated with the time and efforts of technical experts or specialists
not otherwise provided for by the Borough).
G.
Other special services specifically required for the emergency action.
H.
Laboratory costs of analyzing samples taken during the emergency action.
I.
Costs of cleanup, storage or disposal of the released material.
J.
Costs associated with the services, supplies and equipment procured
for a specific evacuation.
K.
Medical expenses incurred as a result of response activities.
L.
Legal expenses that may be incurred as a result of the emergency action,
including efforts to recover expenses pursuant to this article.
M.
Replacement costs for apparatus or equipment that is damaged as a result
of the emergency action, which damage need not render the equipment a total
loss beyond reuse or repair.
[Added 6-15-1995 by Ord.
No. 5-95]
HAZARDOUS MATERIAL
Any material, solid, liquid or gas, classified as such by any federal
legislation or regulation, by any state legislation or regulation or by any
Borough ordinance.
RELEASE
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping or disposing into or upon the environment,
which causes danger or harm to the public health or to the environment, including
but not limited to release of any material classified as hazardous material
by any federal legislation or regulation, by any state legislation or regulation
or by any Borough ordinance.
THREATENED RELEASE
Any imminent or impending event potentially causing but not resulting
in a release, but causing the Borough to undertake any emergency action.
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.
Reimbursements to the Borough for the costs of any expended resources
shall be made by the following parties jointly and severally:
A. The owner or operator of any vehicle responsible for
or contributing to any fire, release or threatened release of hazardous material.
B. The owner or person responsible for any vessel containing
hazardous material involved in or contributing to any fire, release or threatened
release 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 release or threatened release of hazardous material emanates, whether
accidental or through negligence.
D. Any person responsible for or contributing to any fire,
release or threatened release of hazardous material on public or private property,
whether accidental or through negligence.
Any person or company responsible for or contributing to any fire, release
or threatened release involving a hazardous material must provide reimbursement
directly to the Borough for services rendered by any recovery company, towing
company or other technical assistance called for by the Borough to handle
such incident.
Any person, owner or company responsible for or contributing to any
fire, release or threatened release of hazardous material shall reimburse
the Borough of Kinnelon for the full price of any expended resources used
to extinguish such a fire or take an emergency action for any release or threatened
release within a period of 45 days after receipt of a bill for such items
from the Borough of Kinnelon.
Any person, owner or company responsible for or contributing to any
fire, release or threatened release of hazardous material who fails to reimburse
the Borough of Kinnelon within the time set forth in this article shall be
subject to a fine not to exceed $1,000 or imprisonment in the county jail
for a term not to exceed 90 days or community service not to exceed 90 days.
Nothing in this article shall be construed to conflict with state or
federal laws requiring persons causing or responsible for any release or threatened
release of hazardous material from engaging in remediation activities or paying
the costs thereof, or both.