[HISTORY: Adopted by the Mayor and Council
of the Borough of Harrington Park 6-15-1998 by Ord. No. 511. Amendments
noted where applicable.]
This chapter shall be known as the "Hazardous
Waste Costs Recovery Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
- DISCHARGE
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of a hazardous substance into the air or waters or onto the lands of the state, or into the air or waters outside the jurisdiction of the state, when damage may result to the lands, waters, air, or natural resources within the jurisdiction of the state.
- EXPENDABLE ITEMS
- Any items used to extinguish any fire or stop 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 firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, and specialized protective equipment, including but not restricted to acid suits, acid gloves, goggles, and protective clothing.
- HAZARDOUS SUBSTANCE
- Any substance defined as such pursuant to Section 3 of the Spill Compensation and Control Act (N.J.S.A. 58:10-23.11b).
- VEHICLE
- Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.
- VESSEL
- Any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material.
- VOLUNTEER ORGANIZATION
- A duly incorporated volunteer fire, ambulance, first aid, emergency or rescue company or squad.
A.
This chapter provides for the reimbursement for or
the replacement of the specialized and sometimes nonreusable equipment
required by the state and federal regulations to be made available
in the Borough in case of fire, leakage or spillage involving any
hazardous material.
B.
This chapter entitles the Borough of Harrington Park
to reimbursement for any expendable items used by the Borough or any
of its agencies in extinguishing any fires, stopping or containing
any leak or controlling any spill or discharge of hazardous materials.
Any person or entity responsible for causing
or allowing an unauthorized or otherwise negligent discharge of a
hazardous substance that requires emergency action by a unit or volunteer
organization of the Borough of Harrington Park in order to protect
the public health, safety or welfare or the environment is liable,
jointly and severally, to the Borough of Harrington Park or any such
unit or organization for the necessary and reasonable costs incurred
in investigating, mitigation, minimizing, removing, and abating the
spill discharge.
A.
The volunteer organization of the Borough of Harrington
Park which is responsible for responding to the emergency caused by
the spill or discharge of a hazardous substance shall keep a record
of the costs attributable thereto and provide copies of that record
to the governing body of the municipality within which the spill or
discharge occurred.[1]
B.
A volunteer organization of the Borough of Harrington
Park which is responsible for responding to the emergency caused by
the spill or the discharge of a hazardous substance may request the
Borough Attorney to bring a civil action in a court of competent jurisdiction
for recovery of costs permitted pursuant to this chapter against the
person and/or entity responsible for causing or allowing the unauthorized
spill or discharge. Upon receiving such a request, the Borough Attorney
shall submit a written, itemized claim for the total certified costs
incurred by the volunteer organization to the responsible person with
a written demand that those costs be paid. Within a reasonable period
of time before bringing a civil action for recovery of those costs,
the Borough Attorney shall mail written notice to the responsible
person and/or entity informing him or it that, unless the total certified
costs are paid within 30 days after the date of mailing of the notice,
the Borough Attorney shall bring a civil action for that amount.
C.
In making a determination of the amount required to be reimbursed pursuant to this chapter, the status of a person liable pursuant to § 189-4 of this chapter as a taxpayer to the Borough of Harrington Park may be taken into consideration.
D.
The volunteer organization responding to the emergency
caused by the spill or discharge of a hazardous substance may compromise
and settle any claim for costs permitted pursuant to this chapter
in such amount in the discretion of the organization as may appear
appropriate and equitable under all of the circumstances.
E.
Any recovery of costs shall be credited to the appropriate
funds of each organization from which monies were expended in responding
to the emergency caused by the spill or discharge of a hazardous substance
as set forth in this chapter.
