[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge 12-19-1988 as Ord. No. 974 (§ 4-22 of the 1975 Code). Amendments noted where applicable.]
This chapter is intended to provide for reimbursement to the borough, in a manner consistent with and complementary to that adopted by the County of Bergen, for any cost or damage incurred resulting from the leakage, spilling, releasing or discharge of a hazardous material. This chapter is enacted pursuant to N.J.S.A. 26:3A2-21 et seq., The County Environmental Health Act, and is to be construed in a manner consistent with that statute.
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 borough or any land within the jurisdiction of this borough.
- EXPENDABLE ITEM
- Any items used to extinguish or prevent any 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 and adsorbent materials, sand, recovery drums and any protective equipment and clothing to include but not restricted to chemical protective suits, chemical protective gloves, goggles and any other item owned or controlled by the Borough of River Edge or its employees, agents, officers and/or officials.
- HAZARDOUS MATERIALS
- Any material, solid, liquid or gas, listed as such under the N.F.P.A. 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.
- 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 trains.
- 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 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 Borough of River Edge Fire Department and the Bergen County Emergency Management Office.
Whenever any hazardous substance is discharged, 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.
Reimbursement to the borough for expendable items used shall be made by the owner or operator of the vehicle responsible for the fire, leak or spill of hazardous material; the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and 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; and the person responsible for the fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
The responsible party shall reimburse the borough as provided by § 238-6 hereinafter. Should the responsible party be the owner of real property on which the hazardous material involved was located, from or to which the hazardous material was being transported or from which it emanated, failure to reimburse as required shall entitle the borough to assess the costs due as reimbursement in accordance with this chapter, as taxes against said real property. Said taxes shall be due and payable with the next installment of real property taxes; the costs so levied as real property tax shall, if not paid as required, become a tax lien as provided by statute and these ordinances.
Any person responsible for any fire, leak, spill or release involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or any other technical assistance called for by the borough to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time as it has been deemed safe to proceed by the on-scene supervisor of the Bergen County Hazardous Materials Unit and until such time as arrangements have been made to reimburse the county and the towing company for their expenditures under the terms of this chapter.
The person or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the borough the full price of expendable items used to extinguish such fire, or to stop or contain such leak, or to control such spill, within forty-five (45) days after receipt of a bill therefor.
For a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be a fine not exceeding one thousand dollars ($1,000.), or imprisonment for up to ninety (90) days, or a period of community service not exceeding ninety (90) days, or any combination thereof.