[HISTORY: Adopted by the City Council of the City of Vineland as indicated in article histories. Amendments noted where applicable.]
Emergency management — See Ch. 36.
[Adopted 1-8-1991 by Ord. No. 90-117 (Ch. 288, Art. I, of the 1990 Code)]
This article shall be known as the "City of Vineland Hazardous Materials Cleanup Reimbursement Ordinance."
This article is being adopted pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.), the County Environmental Health Standards of Administrative Procedure and Performance (N.J.A.C. 7:1H-1.1 et seq.), the Solid Waste Management Act (N.J.S.A. 13:1E-1 et seq.), the Abatement of Nuisances Act (N.J.S.A. 26:3-45 et seq.), and under the terms of the interagency agreement between the New Jersey Department of Environmental Protection, Division of Solid Waste Management, and the City of Vineland Department of Health.
As used in this article, the following terms shall have the meanings indicated:
- "Agents" of the City of Vineland shall include, but not be limited to, the employees and staff of the City of Vineland Department of Health; the employees and the staff of the City of Vineland Office of Emergency Management; Municipal Fire Department responding to any spill; municipal ambulance and rescue services responding to any spill and any individual, partnership, corporation or other entity, whether or not a state, county or municipal agency or private concern, that the City of Vineland Department of Health uses in any way to aid the City of Vineland in the control or cleanup of the spillage or discharge of hazardous materials.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances onto the lands within the Department of Health's jurisdiction and/or into the waters and sewers/storm sewers which flow within or into the jurisdiction of the City of Vineland.
- EXPENDABLE ITEMS
- Any items used to extinguish or prevent any fire or stop or contain any leak, release or spill involving any hazardous material or in the decontamination of any equipment, vehicles, clothing, structures or appurtenances, which cannot be reused or cannot be replenished without cost after that particular incident. These expendable items include, but are not limited to, fire fighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums and any protective equipment and clothing, to include but not restricted to chemical protective suits, chemical protective gloves, goggles and any other item owned or controlled by the Department of Health or its employees, agents, officers and/or officials. It is expressly provided that this provision will only apply to the extent necessary to deal with hazardous materials.
- HAZARDOUS MATERIALS
- Any material, solid, liquid or gas, listed as such under the National Fire Protection Association Guide of Hazardous Materials, the Department of Transportation Guidebook, the list of hazardous substances adopted by the Federal Environmental Protection Agency pursuant to Section 311 of the Federal Water Pollution Control Act, Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.), and the list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of the Federal Water Pollution Control Act.
- NONEXPENDABLE ITEMS
- This article shall provide for the reimbursement of expenses incurred for the repair/replacement of nonexpendable items used during fire extinguishment or the prevention of any fire or to stop or contain any leak, release or spill involving any hazardous materials, which prevents the item(s) being reused due to the incident. These items shall include, but not be limited to, fire apparatus, other vehicles, equipment and appliances.
- Any motorized equipment, registered or unregistered, including but not limited to a passenger car, motorcycle, truck, tractor trailer, construction equipment, farm machinery and watercraft, boats or barges and airplanes or other aircraft.
- Any container, drum, box cylinder or tank used to hold or contain or carry or store any hazardous materials.
This article provides for the reimbursement for, or the replacement of, any and all equipment utilized by the Department of Health or its agents, without regard to ownership, for the purpose of mitigating, controlling or containing any incident in which a hazardous material is involved in a fire, leak, release or spill or where the potential thereof exists or for the prevention of the same.
This article also provides for the reimbursement for the expenses incurred by the Department of Health for the overtime wages paid to its employees, agents, officers, officials or servants as a result of an incident involving a fire or leak, release or spill of a hazardous material. This article mandates reimbursement to the City of Vineland for any expendable items used by the Department of Health or any of its employees, agents, servants, officers or officials in extinguishing any fire or stopping or containing or controlling or mitigating any spill, release or leak of any hazardous material.
The discharge of hazardous substances is prohibited. This section shall not apply to the discharge of hazardous substances pursuant to and in compliance with the conditions of a federal or state permit.
Any person who may be subject to liability for a discharge which occurred (prior to or) after the effective date of this article shall immediately notify the Department of Health.
Whenever any hazardous substances is discharged, the City of Vineland Department of Health may, in its discretion, act to remove or arrange for the removal of such discharge. However, the City will take all reasonable steps to contact the potential responsible persons in order to notify the same of said discharge and permit them to remove or to arrange for the removal of such discharge. This requirement shall not prevent the City, in its discretion, in emergent circumstances, to take all appropriate actions for the protection of the public pursuant to this article, and the City shall notify the potential responsible persons as soon as practicable.
Any person who has discharged a hazardous substance or in any way is responsible for any hazardous substance which has been or shall be removed by the Department of Health or its agents shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs.
Reimbursement to the City of Vineland or its agents for expendable items shall be made by the owner or operator of the vehicle responsible for the fire or leak or spill of hazardous material; by the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; by the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and by the person responsible for the fire or leak or spill of hazardous material on public or private property, whether accidental or through negligence.
Any person responsible for any fire or leak, spill or release involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or any other technical assistance called for by the Department of Health to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle may be impounded until such time as it has been deemed safe to proceed by the on-scene supervisor of the City of Vineland Hazardous Materials Unit and until such time as arrangements have been made to reimburse the City of Vineland and the towing company for their expenditures under the terms of this article.
The person or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the City of Vineland or its agents the full price of expendable items used to extinguish such fire or to stop or contain such spill within 30 days after receipt of a bill therefor from the City of Vineland.
The person or entity responsible for any fire or leak or spill of hazardous material who fails to reimburse the City of Vineland or its agents within the time required shall be subject to a fine of not less than $50 or more than $1,000 per day for each day the violation continues, in addition to reimbursement of the amount claimed due.
Nothing in this article shall be construed to abrogate or impair the power of the municipality or any officer or department to enforce any provisions of its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this article shall be in addition and supplemental to the powers conferred upon the City by any other law or ordinance.