[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 12-19-1988 by Ord. No. 1129 (Ch.
115A of the 1982 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any items used to stop or contain any leak, unwarranted discharge,
release or spill involving any hazardous material which cannot be
reused or cannot be replenished without cost after that particular
leak, unwarranted discharge, release or spill. These include but are
not limited to absorbent material, sand, recovery drums and specialized
protective equipment to include but not be restricted to acid suits,
acid gloves, goggles and protective clothing.
Any material solid, liquid or gas listed in 49 CFR 171, United
States Department of Transportation, listing of hazardous materials
and/or hazardous waste as listed in 40 CFR 262, United States Environmental
Protection Agency.
Costs incurred by the Borough of South Plainfield shall include
but shall not be limited to actual labor costs of personnel used in
connection with any leak, unwarranted discharge, release or spill
involving hazardous material.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment and farm machinery.
Any container, drum, box, cylinder or tank used to hold or
contain or carry or store any hazardous material.
A.
This chapter provides for the replacement or reimbursement
of the specialized and sometimes nonreusable equipment required by
state and federal regulations to be made available in the Borough
in case of leakage, unwarranted discharge, release or spillage involving
any hazardous materials.
B.
This chapter entitles the Borough of South Plainfield
to reimbursement for any expendable items and labor costs used by
the Borough or any of its agencies in stopping, containing or controlling
any leak, unwarranted discharge, release or spill of hazardous materials.
Reimbursement to the Borough of South Plainfield
for any expendable items and labor costs used shall be made by the
following parties:
A.
The owner or operator of any vehicle responsible for
any leak, unwarranted discharge, release or spill of hazardous material.
B.
The owner or person responsible for any vessel containing
hazardous materials involved in any leak, unwarranted discharge, release
or spill on public or private property, whether stationary or in transit,
whether accidental or through negligence.
C.
The owner or person responsible for any property from
which any leak, unwarranted discharge, release or spill of hazardous
material emanates, whether accidental or through negligence.
D.
Any person responsible for any leak, unwarranted discharge,
release or spill of hazardous materials on public or private property,
whether accidental or through negligence.
Any person or company responsible for any leak,
unwarranted discharge, release or spill involving a hazardous material
must provide reimbursement for services rendered by any recovery company,
towing company or other technical assistance called for by the Emergency
Management Coordinator of the Borough of South Plainfield.
Any person, owner or company responsible for
any leak, unwarranted discharge, release or spill of hazardous materials
shall reimburse the Borough of South Plainfield for the full price
of any expendable items and labor costs used to stop, contain or control
such a leak, unwarranted discharge, release or spill within a period
of 30 days after receipt of a bill for such items from the Emergency
Management Coordinator of the Borough of South Plainfield.
This chapter shall not limit the rights of third
parties to seek recovery from any responsible party for costs incurred
in connection with any leak, unwarranted discharge, release or spill
of hazardous materials.
Nothing herein contained shall be deemed to
limit the Borough of South Plainfield from exercising any other right
or power granted by the federal, state or local government to effectuate
the purpose of this chapter or to protect the health of the community.
Any person, owner or company responsible for
any leak, unwarranted discharge, release or spill of hazardous materials
who fails to reimburse the Borough of South Plainfield 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, and shall continue to be responsible
for the costs associated with said leak, unwarranted discharge, release
or spill.
