This chapter is enacted pursuant to N.J.S.A.
40:42-1 et seq., the Home Rule Act, which directs municipalities to
act to provide for the health, welfare and safety of its citizens.
As used in this chapter, the following terms
shall have the meanings indicated:
ACT OF GOD
Any act exclusively occasioned by an unanticipated, grave
natural disaster without the interference of any human agency.
DISCHARGE
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 Township or any land within the jurisdiction
of this Township.
EXPENDABLE ITEMS
Include any items used to extinguish or prevent any hazardous
material fire or to 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 restricted to fire-fighting foams, chemical extinguishing
agents, absorbent materials, sand, recovery drums, protective equipment
and clothing, including but not limited to chemical protective suits,
chemical protective gloves, goggles and any other such items owned
or controlled by the Township of Hazlet.
HAZARDOUS MATERIAL or HAZARDOUS SUBSTANCE
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; and "environmental
hazardous substance" on the environmental hazardous substance list
adopted by the Department of Environmental Protection pursuant to
Section 4 of P.L. 1983, c. 315 (N.J.S.A. 34:5A-4); any elements and
compounds, including petroleum products, which are defined as such
by the Department of Environmental Protection, after public hearing,
and which shall be consistent to the maximum extent possible with,
and which shall include, the list of hazardous substances adopted
by the Federal Environmental Protection Agency (EPA) pursuant to Section
311 of the Federal Water Pollution Control Act Amendments of 1972,
P.L. 92-500, as amended by the Clean Water Act of 1977, P.L. 95-217
(33 U.S.C. § 1251 et seq.); the list of toxic pollutants
designated by Congress or the EPA pursuant to Section 307 of the Federal
Water Pollution Control Act; the list of hazardous substances adopted
by the EPA pursuant to Section 101 of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, P.L. 96-510 (42
U.S.C. § 9601 et seq.); any hospital or medical waste, including
but not limited to syringes, bandages and discarded pharmaceutical
products; and any other such material warranting removal or cleanup
in the opinion of the Hazlet Township Office of Emergency Management;
provided, however, that sewage and sewage sludge shall not be considered
as "hazardous substances" for the purposes of this chapter.
LOCAL GOVERNMENT UNIT
Any county or municipality or any office, agency, division
or instrumentality thereof.
PERSON
Includes public or private corporations, companies, associations,
societies, firms, partnerships, joint-stock companies, individuals,
the United States, the State of New Jersey and any of its political
subdivisions or agents.
PETROLEUM or PETROLEUM PRODUCTS
Includes oil or petroleum of any kind and in any form, including
but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil
sludge, oil refuse, oil mixed with other wastes, crude oils and substances
or additives to be utilized in the refining or blending of crude petroleum
or petroleum stock in this state.
TOWNSHIP
Includes the Township of Hazlet's employees, agents, officers,
officials and supporting units as directed by the Office of Emergency
Management.
VEHICLE
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor trailers,
construction equipment, farm machinery, watercraft, aircraft and trains.
VESSEL
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.
VOLUNTEER ORGANIZATION
Any duly incorporated volunteer fire, ambulance, first aid,
emergency or rescue company or squad.
Reimbursement to the Township of Hazlet for
any expendable items used shall be made by the following parties:
A. The owner or operator of or person responsible for
any vehicle accountable for any fire or discharge of hazardous materials.
B. The owner or person responsible for any vessel containing
hazardous materials involved in any fire or discharge on public or
private property, whether stationary or in transit, and whether accidental
or through negligence.
C. The owner or person responsible for any property from
which any discharge of hazardous material emanates, whether accidental
or through negligence.
D. Any person responsible for any fire or discharge of
hazardous materials on public or private property, whether accidental
or through negligence.
Any person responsible for any fire or discharge
involving a hazardous material must provide reimbursement for services
rendered by any recovery company or towing company or for other technical
assistance called for by the Township of Hazlet to handle such incident.
In the event that a vehicle has been responsible for an incident,
it shall be impounded, where possible, until such time as it has been
deemed safe to proceed by the responsible official in conjunction
and in cooperation with the Township of Hazlet, and until such time
as arrangements have been made to reimburse the Township and the towing
company for their expenditures under the terms of this chapter.
Any person, owner or operator responsible for
any fire or discharge of hazardous materials who fails to reimburse
the Township of Hazlet within the time set forth in this chapter shall
be subject to a fine of not less than $50 nor more than $500 per day
or to imprisonment for a period of not more than six months, or both.
The person responsible for committing a discharge or who fails to
report the discharge will be liable for the same penalties as aforesaid
stated.
A local government unit or volunteer organization
responding to an emergency caused by a fire or discharge of hazardous
materials in the Township of Hazlet shall keep a detailed record of
the costs attributable thereto and shall certify that record to the
governing body of the Township. Any reimbursements collected by the
Township for hazardous material incidents shall be credited to the
appropriate funds of each local government unit or volunteer organization
from which moneys were expended in responding to the emergency.