[HISTORY: Adopted by the City Council of
the City of Vineland as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
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.
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.
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
