[Adopted 3-25-1997 by Ord. No. 5-97]
As used in this article, the following terms shall have the meanings
indicated:
HAZARDOUS MATERIALS
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 National Fire Protection Association (NFPA) Guide
of Hazardous Materials, 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.
VEHICLE
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 trains.
VESSEL
Any container, drum, box, cylinder, bottle or tank used to hold or
contain or carry or store any hazardous materials.
EXPENDABLE ITEMS
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.
Costs incurred by the Borough of Maywood for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance shall be reimbursed to the Borough of Maywood by the responsible parties as set forth in §
197-3 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 ensure a
hazard-free environment (soil-water-air).
E. A fixed hourly rate for the use of apparatus at incidents
computed at the rate of $100 for use of a ladder truck and $50 for use of
any other vehicles.
F. Services rendered by any recovery company, towing company
or other technical assistance called for by the Fire Department to handle
such incidents.
Reimbursement to the borough for any reimbursable items, 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 of hazardous materials.
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.
D. Any person responsible for any fire, leak or spill of
hazardous material on public or private property.
Any responsible party, as set forth in §
197-3 hereof, shall reimburse the Borough of Maywood 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 Maywood.
Any responsible party, as set forth in §
197-3 hereof, who fails to reimburse the Borough of Maywood for reimbursable items within the time set forth in §
197-4 hereof, shall be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a period of not more than 90 days, or both. Upon the failure to reimburse the borough for the cost of such items within said forty-five-day period, and in addition to any penalty provided in this section, the borough may take such action, as may be provided by law, to recover such costs from the responsible party.