This article provides for the replacement or
reimbursement of the specialized and sometimes nonreusable supplies
and equipment required to be utilized in the case of leakage, unwarranted
discharge, release, or spillage involving any hazardous materials
or hazardous substance. This article entitles the Borough of Dunellen,
or any of its agencies to reimbursement for any expendable items and
labor costs used in stopping, containing, controlling, or taking regulatory
action for any leak, unwarranted discharge, release, or spillage involving
hazardous materials or hazardous substances.
Any person, firm, or corporation responsible
for any leak, unwarranted discharge, release, or spill of hazardous
materials or hazardous substances shall provide reimbursement for
services rendered by any recovery company, towing company, or other
technical assistance called for by the Hazardous Material Incident
Scene Commander.
Reimbursement shall be received from the responsible
party within 30 days after receipt of a notice and/or bill for such
items and/or costs from the office of the Fire Chief.
This article shall not limit the rights of third
parties to seek recovery from any responsible party for the costs
incurred in connection with any leak, unwarranted discharge, release,
or spill of a hazardous material or hazardous substance.
As used in this article, the following terms
shall have the meanings indicated:
EXPENDABLE ITEMS
Any items used to stop or contain any leak, unwarranted discharge,
release, or spill involving any hazardous material or hazardous substance
which cannot be reused or cannot be replenished without cost. These
include but are not limited to absorbent materials, foam agent, sand,
recovery drums, hand tools, and protective equipment such as gloves,
goggles, boots, coats, helmets, pants, and chemical protective clothing;
or any other item that cannot be decontaminated; and the costs to
decontaminate items for reuse.
HAZARDOUS MATERIAL or HAZARDOUS SUBSTANCE
Any substance or material capable of posing an unnecessary
risk to the health, safety, or welfare of any person or the environment
when released from its vessel by leak, unwarranted discharge, release,
or spill.
LABOR COSTS
Costs incurred include but shall not be limited to actual
labor costs of personnel used in connection with any leak, unwarranted
discharge, release, or spill.
VEHICLE
Any motorized equipment, registered or unregistered, including,
but not limited to, passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment, or farm machinery.
VESSEL
Any container, drum, box, cylinder, tank, or piping used
to hold, contain, store, or transport any hazardous material or hazardous
substance.