[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
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:
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:
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.
Ensuring the safety of the public, both on and
off the site of the hazardous materials incident.
Repairing or replacing equipment if said equipment
was damaged or destroyed as a direct result of the hazardous materials
incident.
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.
Contract labor and equipment utilized by the
Borough for emergency response, incident assessment, control, containment
and abatement of the immediate hazard.
Costs for compensation of Borough employees
for the time devoted specifically to the hazardous materials incident.
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.
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.
Decontamination of equipment that is contaminated
during the hazardous materials incident.
Laboratory costs for purposes of analyzing samples
taken during the release.
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.
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.
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.
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.
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.
The person or persons who:
Cause or allow a release of a hazardous material
or substance.
Had custody or control of the hazardous material
or substance at the time of such release.
The owner or operator of any vehicle responsible
for any fire, leak or spill of hazardous material.
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.
The owner or person or persons responsible for
any property from which any leak or spill of hazardous material emanates,
regardless of fault.
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:
A.
The cost of vehicles per hour:
(1)
Cars (police vehicles, Fire Department Chief's vehicles,
emergency management vehicles): $50.
(2)
Engine companies: $71.
(3)
Engine companies, with aerial device: $77.
(4)
Truck companies: $77.
(5)
Rescue trucks: $77.
(6)
Ambulance(s): $32.
(7)
Light towers: $20.
(8)
Special operations/HAZMAT vehicles: $75.
C.
Personnel involved:
D.
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.
E.
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.
A.
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.
B.
When responding to a hazardous material incident,
the emergency response agencies of the Borough shall keep reasonably
detailed records of the costs attributable thereto.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.).
C.
This article shall not restrict or replace any legal
remedy or cause of action otherwise available to the Borough or any
responsible party.
