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.
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.