[HISTORY: Adopted by the Borough Council of the Borough of Jersey Shore as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 254.
[Adopted 5-18-1992 by Ord. No. 3-92 (Ch. 10, Part 3, of the 1996 Code)]
A. 
The owner, or person having custody or control, of petroleum or chemicals, and the common carrier of such substances, including a pipeline carrying same, shall be liable to the Borough of Jersey Shore for all costs incurred for the control, extinguishment, and cleanup of petroleum type or chemical type spills, emissions or fires involving chemicals or petroleum products in the Borough of Jersey Shore.
B. 
The cost for special equipment and/or materials shall include, but not be limited to, the following:
(1) 
Foam.
(2) 
Dry chemical extinguishers.
(3) 
Sand.
(4) 
Any other special equipment and/or materials deemed necessary by the Emergency Management Coordinator or Fire Chief of the Borough of Jersey Shore or the officer in charge.
C. 
The cost of labor shall be the actual wage rates, including fringe benefits, paid by the Borough to all personnel involved in the control, extinguishment and/or cleanup of petroleum type or chemical type spills, emissions, or fires involving said chemicals or petroleum products.
The owner, or person having custody or control, of any petroleum or chemicals and the common carrier of said petroleum or chemicals, including any pipeline, as aforesaid, shall also be liable for the cost of any temporary storage of chemicals or petroleum materials and the cost of disposing of the same.
A. 
Invoices for the amount of the above-described costs shall be forwarded by the Emergency Management Coordinator or the Fire Chief to the Finance Chairperson and Personnel Chairperson, who shall bill the above-described liable party. If payment is not made in full within 30 days from the date of mailing of said bill, the Chairpersons of Finance and Personnel shall turn the matter over to the Borough Solicitor for collection and litigation, as is necessary.
B. 
The Borough Solicitor is hereby authorized to take such action as may be necessary, on behalf of the Borough of Jersey Shore, to recover all reasonable costs expended for such equipment, material, labor, storage, and disposal resulting from the petroleum type or chemical type spill or fire.
[Amended 5-6-1996 by Ord. No. 4-96]
Any party failing to pay the said invoice submitted to them by the Borough of Jersey Shore within 30 days, shall upon conviction thereof, be sentenced to pay a fine of not less than $100 or more than $1,000, or the maximum provided by state law, plus costs and, in default of payment of said fine and costs, to a term of imprisonment of not more than 30 days.
The Borough shall have the right to proceed against any responsible parties through civil process, criminal process, or both. Imposition of penalties arising out of criminal proceedings shall not relieve any responsible party from civil liability to the Borough, as provided herein.