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 and/or pumping of a hazardous
substance or material into the air or waters or onto the lands of
the Borough, or into the air or waters outside the jurisdiction of
the Borough, when damage may result to the lands, waters, air or natural
resources within the Borough.
EXPENDABLE ITEMS
Any items used to extinguish any fire or stop or contain
any leak or spill involving any hazardous substance or 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 (including
but not limited to acid suits, acid gloves, goggles and protective
clothing).
HAZARDOUS MATERIAL
Any material, solid, liquid or gas, listed as such under
the National Fire Protection Association Guide of Hazardous Materials
or the Department of Transportation Guide Book.
HAZARDOUS SUBSTANCE
A substance defined as such pursuant to Section 3 of the
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11b.
PERSON
An individual, firm, corporation, association, society or
partnership and its agents, representatives or employees.
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 or substance.
VOLUNTEER ORGANIZATION
A duly incorporated volunteer fire, ambulance, first aid,
emergency or rescue squad serving the Borough.
A local government unit or volunteer organization responding
to the discharge of a hazardous substance or hazardous material shall
keep a detailed record of the costs attributable thereto, including
but not limited to expendable items, and certify that record to the
Borough Clerk.
Upon receipt of the record of costs referred to in §
164-3 from any local government unit or volunteer organization or as soon thereafter as deemed reasonable, the Borough Clerk shall notify the responsible party of said costs and require payment to be made to the Borough within 45 days after transmission of said notice.
Any recovery of costs for investigating, mitigating, minimizing,
removing and/or abating a discharge shall be credited by the Borough
to the appropriate funds of each local government unit or paid by
the Borough to the volunteer organization from which moneys were expended
in responding to the discharge of a hazardous substance or hazardous
material.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
Any person that fails to make payment to the Borough in order
to reimburse the local government unit or volunteer organization within
the time set forth in this chapter shall be subject to a fine of not
less than $50 nor more than $2,000 for each day that reimbursement
is not made or to imprisonment for a period of not more than 90 days,
or both.