Township of Wyckoff, NJ Hazardous Materials

Any items used to extinguish any fire or stop or contain any leak or spill involving any hazardous 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 to include, but not restricted 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 Department of Transportation Guide Book.

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.

§ 122-2 Purpose.

This chapter provides for the reimbursement for or the replacement of the specialized and sometimes nonreusable equipment required by state and federal regulations to be made available in the Township in case of fire, leakage or spillage involving any hazardous material, as well as reimbursement for cost of the services rendered in connection therewith by the Fire Department, Police Department or Department of Public Works.

This chapter entitles the Township of Wyckoff to reimbursement for any expendable items used by the Township or any of its agencies or representatives in extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous materials, together with the cost of services rendered by the Police Department, Fire Department or Department of Public Works.

§ 122-3 Responsibility for reimbursement.

Reimbursement to the Township for expendable items shall be made by the following parties:

The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.

The owner or person responsible for any vessel containing hazardous material involved in any fire, leak or spill on public or private property, whether stationary or in transit, 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 or intentional conduct.

Any person responsible for any fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence or intentional conduct.

§ 122-4 Reimbursement for cost of services.

Any person or company responsible for any fire, leak or spill involving a hazardous material must provide reimbursement to the Township for expenses that are reasonably necessary and allocable to the emergency action. Recoverable expenses shall include normal expenditures that are incurred in the course of providing what are traditionally local services and responsibilities, which may include, but are not limited to:

Compensation of employees for time and efforts devoted specifically to the emergency action.

Rental or leasing of equipment used specifically for the emergency action.

Decontamination of equipment contaminated during the response.

Special technical services specifically required for the response.

Other special services specifically required for emergency action.

Costs of cleanup, storage or disposal of the released material.

Costs associated with the services, supplies and equipment procured for a specific evacuation.

Legal expenses that may be incurred as a result of the emergency action, including efforts to recover expenses pursuant to this chapter.

§ 122-5 Itemization of recoverable expenses.

Township personnel and departments involved in an emergency action shall keep an itemized record of recoverable expenses and costs resulting from an emergency action. Promptly, after completion of an emergency action, the appropriate Township department shall certify those expenses to the Township Administrator. The Township Administrator shall submit a written itemized claim for the total expenses incurred by the Township for the emergency action to the responsible person and written notice that, unless the amounts are paid in full within 30 days after the date of mailing of such claim and notice, the Township will take appropriate action seeking recovery for the stated amount and for the violation of this chapter.

§ 122-6 Time period for reimbursement.

Any person, owner or company responsible for any fire, leak or spill of hazardous material shall reimburse the Township of Wyckoff for the full cost of any expendable items and services used in connection with an emergency action within a period of 30 days after receipt of a bill for such items from the Township of Wyckoff.

§ 122-7 Violations and penalties.

Any person, owner or company responsible for any fire, leak or spill of hazardous material who fails to reimburse the Township of Wyckoff within the time set forth in this chapter shall be subject to a fine of not more than $1,000 per day, imprisonment of not more than 90 days and/or a period of community service not exceeding 90 days. Each and every day that such violation continues shall be considered a separate and specific violation of this chapter.