[HISTORY: Adopted by the Mayor and Council
of the Borough of Hasbrouck Heights 3-27-1989 by Ord. No. 1505. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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:
(1)
The owner or operator of any vehicle responsible for
any fire, leak or spill of hazardous material.
(2)
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.
(3)
The owner or person responsible for any property from
which any leak or spill of hazardous material emanates, whether accidental
or through negligence.
(4)
Any person responsible for any fire, leak or spill
of hazardous material on public or private property, whether accidental
or through negligence.
B.
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.
C.
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.
