[HISTORY: Adopted by the Mayor and Council of the Borough of Hasbrouck Heights 3-27-1989 by Ord. No. 1505. Amendments noted where applicable.]
Emergency Management Office — See Ch. 24.
The purpose of this chapter is to provide for reimbursement for the cost of the specialized and sometimes nonreusable equipment which is required by state and federal regulations, to be made available in the Borough in case of fire, leakage or spillage involving any hazardous material. The provisions of this chapter entitle the Borough of Hasbrouck Heights 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 and to reimbursement for any other reasonable charges incurred by the Borough.
As used in this chapter, the following terms shall have the meanings indicated:
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances into any waters which flow within the jurisdiction of this county or any land within the jurisdiction of this county.
- EXPENDABLE ITEMS
- Any items used to extinguish or prevent any hazardous-material fire or stop or contain any leak, release or spill involving any hazardous material, which cannot be reused or cannot be replenished without cost after that particular incident. These "expendable items" include but are not limited to fire-fighting foam, chemical-extinguishing agents, absorbent materials, sand, recovery drums and any protective equipment and clothing, to include, but to not be restricted to, chemical-protective suits, chemical-protective gloves, goggles and any other item owned or controlled by the Borough of Hasbrouck Heights or its employees, agents, officers and/or officials.
- HAZARDOUS MATERIAL
- Any material, solid, liquid or gas listed as such under the National Fire Protection Association Guide of Hazardous Materials, the Department of Transportation Guide Book, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA) pursuant to Section 311 of the Federal Water Pollution Control Act Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.), and the list of toxic pollutants designated by Congress or the EPA pursuant to Section 307 of the Federal Water Pollution Control Act, and any hospital or medical waste, including but not limited to syringes, bandages and discarded pharmaceutical products.
- 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 or tank used to hold or contain or carry or store any hazardous materials, whether or not said container was manufactured for the containment of a hazardous material.
The discharge of hazardous substances within the Borough of Hasbrouck Heights is prohibited. This section shall not apply to discharge of hazardous substances pursuant to and in compliance with the conditions of a federal or state permit.
Any person who may be subject to liability for a discharge or becomes aware of a discharge which occurred prior to or after the effective date of this chapter shall immediately notify the Office of Emergency Management of the Borough of Hasbrouck Heights.
Whenever any hazardous substance is discharged in violation of Subsection A hereof, the Borough may, in its discretion, act to remove or arrange for the removal of such discharge.
Any person who has discharged a hazardous substance or in any way is responsible for any hazardous substance which has been or shall be removed by the Borough shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs and shall be liable for the wages (regular and overtime) paid and the cost of medical and hospital treatment for injuries by the agents, servants and employees of the Borough.
Reimbursement shall be paid by the following parties to the Borough of Hasbrouck Heights for expendable items used in connection with extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous material:
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 material involved in any fire, leak or spill on public or private property, whether stationery or in transit, whether accidental or through negligence.
The owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence.
Any person responsible for any fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
Any person listed in Subsection A shall also provide reimbursement for the reasonable cost to the Borough of any necessary services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department, Police Department, Department of Public Works or Office of Emergency Management to handle such hazardous-materials incident.
Any reimbursement required to be paid under this chapter shall be paid within 45 days after receipt of a bill from the Borough for said reimbursement.
[Amended 5-29-1990 by Ord. No. 1538; 2-10-2009 by Ord. No. 2201]
It shall be unlawful to fail to make reimbursement as herein required. Any person, firm or corporation who violates any provision of this chapter shall, upon conviction thereof, be subject to such penalties as are provided in Chapter 204 of this Code.