[HISTORY: Adopted by the Board of Commissioners of the Village of Ridgefield Park 8-22-1995 by Ord. No. 12-95 (Ch. 120 of the 1985 Code). Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them by this section:
- EXPENDABLE ITEMS
- Any items used to extinguish any fire and/or stop or control or contain any leak or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, leak or spill. These include but are not restricted to fire-fighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums and specialized protective equipment, to include but not restricted to acid suits, acid gloves, goggles and protective clothing.
- HAZARDOUS MATERIALS
- Any material, solid, liquid or gas, listed as a hazardous substance or material, including but not necessarily limited to such substances and materials listed under the National Fire Protection Association Guide to Hazardous Materials, the Department of Transportation Guide Book and the List of Hazardous Substances and Toxic Pollutants designed by the Federal Environmental Protection Agency and the New Jersey State Department of Environmental Protection.
- Any motorized equipment registered or unregistered, including but not limited to a passenger car, motorcycle, truck, tractor trailer, construction equipment, farm machinery, watercraft, aircraft and trains.
- Any container, drum, box, cylinder, bottle or tank used to hold or contain or carry or store any hazardous material.
[Amended 10-10-2006 by Ord. No. 06-20]
Costs incurred by the Village of Ridgefield Park for the following items in connection with the suppression, control or clean up of a fire, leakage or spillage involving any hazardous substance or responding to a reported or suspected release of a hazardous substance, including the cost of all due diligence conducted at the site of a reported or suspected release of a hazardous substance, shall be reimbursed to the Village of Ridgefield Park by the responsible parties, as set forth in § 220-3 below:
The cost of replacement of expendable items.
The expenses incurred by the Village for the wages (regular and/or overtime) paid to its employees/agents as a result of a hazardous material incident or when responding to a reported or suspected release of a hazardous material or substance.
Any and all medical costs incurred by responding personnel.
Any and all environmental tests required to ensure a hazard-free environment, which shall be conducted by the Village in its sole discretion and reasonable judgment.
Vehicles and apparatus.
A fixed hourly rate for the use of Village vehicles and apparatus at incidents, which shall be calculated as follows:
The rates for any vehicles or apparatus not included in the above schedule shall be calculated based on the current rates charged by the Federal Emergency Management Agency of the Department of Homeland Security for use of such vehicles or apparatus.
Services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department to handle such incident.
Reimbursement to the Village for any reimbursable items, as set forth above, shall be made by the following parties:
The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.
The owner or person responsible for any vessel containing hazardous material involved in any fire, leak or spill on public or private property, whether stationary or in transit, whether accidental or through negligence.
The owner or person responsible for any property from which any leak or spill of hazardous material emanates.
Any person responsible for any fire, leak or spill of hazardous material on public or private property.
Any responsible party, as set forth in § 220-3 hereof, shall reimburse the Village of Ridgefield Park for the full price of any reimbursable items used to extinguish such a fire, stop or contain such a leak, or control and clean up such a spill within 45 days after receipt of a bill for such items from the Village of Ridgefield Park.
[Amended 10-10-2006 by Ord. No. 06-20]
Any responsible party, as set forth in § 220-3 hereof, who fails to reimburse the Village of Ridgefield Park for reimbursable items within the time set forth in § 220-4 hereof, shall be subject to a fine of not less than $200 nor more than $2,000, or imprisonment for a period of not more than 90 days. Each day shall be treated as a separate offense for purposes of calculating the fine. Upon failure to reimburse the Village for the cost of such items within said forty-five-day period and in addition to any such penalty provided by this section hereof, the Village may take such action as may be provided by law to recover such costs from the responsible party.