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:
DISCHARGE
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.
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 train.
VESSEL
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.
[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.