[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford as indicated in article histories. Amendments noted where applicable.]
Emergency Squad — See Ch. 20.
Fire Department — See Ch. 28.
Police Department — See Ch. 56.
Public Works Department — See Ch. 63.
Motor vehicle service stations — See Ch. 193.
Sewers — See Ch. 236.
Stormwater control — See Ch. 253.
Underground storage tanks — See Ch. 362.
Zoning — See Ch. 389.
Sanitary Code — See Ch. 396.
[Adopted 12-30-2008 by Ord. No. 2008-20]
It is the purpose of this article to provide for the reimbursement of costs in connection with actual, reported, or suspected hazardous material incidents, which the Mayor and Council finds cause public nuisances that further cause the Borough of East Rutherford to incur unexpected costs and expenses, all to better protect the public health, safety, and welfare of the residents of the Borough.
As used in this article, the following words and phrases shall have the meaning indicated unless the context otherwise requires:
- A. All reasonable and necessary expenses that are incurred by the Borough as a direct result of the hazardous materials emergency response, including but not limited to the following:
- (1) Emergency response, incident assessment, control, containment and abatement of a hazardous materials incident, to include costs associated with transportation and temporary storage of hazardous materials if such transportation and temporary storage is necessary to control and contain the hazardous materials incident.
- (2) Ensuring the safety of the public, both on and off the site of the hazardous materials incident.
- (3) Repairing or replacing equipment if said equipment was damaged or destroyed as a direct result of the hazardous materials incident.
- (4) Equipment, including rental equipment, utilized by the Borough to the extent such equipment is necessary for emergency response, incident assessment, control, containment and abatement of the immediate hazard.
- (5) Contract labor and equipment utilized by the Borough for emergency response, incident assessment, control, containment and abatement of the immediate hazard.
- (6) Costs for compensation of Borough employees for the time devoted specifically to the hazardous materials incident.
- (7) Labor and equipment utilized by the Borough via a mutual aid agreement for emergency response, incident assessment, control, containment and abatement of the immediate hazard.
- (8) Disposable materials and supplies consumed and expended as a result of the hazardous materials incident, including but not limited to any items to extinguish any fire or control any spill involving any hazardous material which cannot be reused or replenished without cost after a fire, leak or spill, including fire-fighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums and specialized protective equipment, including, but not restricted to, acid suits, acid gloves, goggles and protective clothing of any type which is to be used for the protection of those persons engaged in the prevention of fires or removals of hazardous materials, absorbents, foams, neutralization agents, overpack drums or containers.
- (9) Decontamination of equipment that is contaminated during the hazardous materials incident.
- (10) Laboratory costs for purposes of analyzing samples taken during the release.
- (11) Other payments necessitated and generated by the hazardous material response, any and all medical costs incurred by responding personnel, including Fire Department personnel, Police Department personnel, Emergency Management personnel, and Department of Public Works personnel, as well as vehicle and material costs enumerated in § 168-4, and shall also include the cost of disposal and transportation of the hazardous material and any and all environmental tests required to ensure a hazard-free environment (soil-water-air) and any other miscellaneous costs.
- B. Notwithstanding the foregoing, "costs" shall not include costs incurred for actual fire-suppression service which is normally or usually provided within the Borough by the Fire Department.
- EMERGENCY RESPONSE
- The provision of authorized assistance during and following a hazardous material incident and to reduce the likelihood of secondary damage, and may include incident assessment, control, containment and abatement of the immediate hazard.
- HAZARDOUS MATERIAL
- A substance or material that the United States Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under Section 5103 of the Federal Hazardous Materials Transportation Law (49 U.S.C. § 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101) and materials that meet the defining criteria for hazard classes and divisions in 49 CFR 173.
- HAZARDOUS MATERIAL INCIDENT
- Actual or threatened release of a hazardous substance or material, including hazardous waste, which poses an imminent threat to the environment and/or to the health, safety or welfare of the population and requires emergency response, incident assessment, control, containment and abatement of the immediate hazard.
- An individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, governmental entity, or any other legal entity.
- The accidental or intentional, sudden or gradual spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other receptacles containing any hazardous material or substance or waste or pollutant or contaminant), whether such release occurs from a fixed facility or while the materials are being transported.
- Any person authorized to participate in Borough's emergency response to a hazardous material incident, including the East Rutherford Police Department, Fire Department, Public Works Department and Office of Emergency Management.
- RESPONSIBLE PARTY
- The person or persons who:
- A. Cause or allow a release of a hazardous material or substance.
- B. Had custody or control of the hazardous material or substance at the time of such release.
- C. The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.
- D. The owner or person or persons responsible for any vessel containing hazardous material involved in any fire, leak or spill on public or private property, whether stationary or in transit, regardless of fault.
- E. The owner or person or persons responsible for any property from which any leak or spill of hazardous material emanates, regardless of fault.
- F. Any person or persons responsible for any fire, leak or spill of hazardous material on public or private property, regardless of fault.
- Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment, farm machinery and/or any other method of carrying or storing hazardous materials.
- Any container, drum, box, cylinder or tank used to hold, contain, carry or store any hazardous material.
Each responsible party shall be liable for the payment of all costs incurred by the Borough or its agents for emergency response, incident assessment, control, containment and abatement of the immediate hazard as a direct result of the hazardous material incident.
Costs shall be calculated for each hazardous material incident based on the following criteria:
The cost of vehicles per hour:
Cars (police vehicles, Fire Department Chief's vehicles, emergency management vehicles): $50.
Engine companies: $71.
Engine companies, with aerial device: $77.
Truck companies: $77.
Rescue trucks: $77.
Light towers: $20.
Special operations/HAZMAT vehicles: $75.
Services rendered by any recovery company, towing company or other technical assistance of any type utilized by the Borough or any of its agencies assisting in the safe disposition or extinguishing of any fire, spill or leak at prevailing market rates.
Miscellaneous costs would include, but not be limited to, any other equipment, personnel or vehicles used or lost during the incident and any other equipment of any nature whatsoever used in connection with hazardous material migration and cleanup. Miscellaneous costs will be determined by cost of replacement, contractual rates, and the Federal Emergency Management Agency's Schedule of Equipment Rates.
The Borough, acting through its Office of Emergency Management, shall be responsible for collecting recovered costs incurred in response to a hazardous material incident and presenting a bill to the responsible party for costs. A copy of each bill shall be delivered to the Chief Financial Officer.
When responding to a hazardous material incident, the emergency response agencies of the Borough shall keep reasonably detailed records of the costs attributable thereto.
The Borough shall submit one or a series of consolidated invoices to the responsible party, identifying the responders (i.e., agencies, agents or municipalities) and their specific costs for reimbursements. The responsible party shall pay such amount to the Borough within 30 days of receiving a consolidated invoice.
The Borough may enforce these provisions by civil action in a court of competent jurisdiction for the collection of any amounts due hereunder plus administrative collection costs, attorneys' fees, or for any other relief that may be appropriate.
The Borough may seek any or all available remedies at law, to include the provisions of this article, against any parties responsible for any hazardous materials incident, to include those actions and remedies available under the U.S. Bankruptcy Code relating to such matters.
Whenever the requirements or provisions of this article are in conflict with the requirements or provisions of any other lawfully adopted ordinance, the more restrictive requirements shall apply as to the matters in conflict, and all provisions of this article not in conflict shall remain in full force and effect.
This article shall not restrict or replace cost recovery from funding sources available under state and federal regulations, including but not limited to those established under Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9611); the Solid Waste Management Act (N.J.S.A. 13:1E-1 et seq.) and the Spill Compensation and Control Act (N.J.S.A. 58:10-23.11 et seq.).
This article shall not restrict or replace any legal remedy or cause of action otherwise available to the Borough or any responsible party.