[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.
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.
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.
A.Â
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.
B.Â
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.
C.Â
Whenever any hazardous substance is discharged, the borough
may in its discretion act to remove or arrange for the removal of such discharge.
D.Â
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.
A.Â
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.
B.Â
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.
