[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 12-29-1992 by Ord. No. 92-20R (Ch. 57A of the 1971 Code). Amendments noted where applicable.]
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 firefighting 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.
LOCAL GOVERNMENT UNIT
Any office, agency, division or instrumentality of the Borough.
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. 
Any person causing or allowing or responsible for causing or allowing the discharge of a hazardous material or a hazardous substance that requires action by a local government unit or volunteer organization in order to protect the public health, safety, welfare and/or the environment (hereafter "responsible party") shall be liable for the necessary and reasonable costs incurred in investigating, mitigating, minimizing, removing and abating the discharge, including but not limited to recovery for any expendable items. This shall include but not be limited to:
(1) 
The owner or operator of any vehicle responsible for any fire, leak or spill of a hazardous material or a hazardous substance;
(2) 
The owner or person responsible for any vessel containing a hazardous material and/or substance involved in any fire, leak or spill on public or private property, whether stationary or in transit, whether accidental or through negligence;
(3) 
The owner or person responsible for any property from which any leak or spill of a hazardous material or a hazardous substance emanates, whether accidental or through negligence; and/or
(4) 
Any person responsible for any fire, leak or spill of a hazardous material or substance on public or private property, whether accidental or through negligence.
B. 
Any towing company or other technical assistance called for by the local government unit or volunteer organization shall likewise be entitled to reimbursement from the responsible party.
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.