As used in this chapter, the following terms shall have the
meanings indicated:
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 be 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 NFPA Guide of Hazardous
Material, the Department of Transportation Guide Book, and the list
of hazardous substances and toxic pollutants designated by the Federal
Environmental Protection Agency and the New Jersey State Department
of Environmental Protection.
PERSON/RESPONSIBLE PARTY
Any natural person or individual or any firm, partnership,
association, limited partnership, proprietorship, corporation or any
other business entity or any government agency or entity.
VEHICLE
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.
VESSEL
Any container, drum, box, cylinder, bottle, or tank used
to hold, contain, carry or store any hazardous material.
Costs incurred by the Borough of Ho-Ho-Kus and/or other mutual aid responding units for the following items in connection with the suppressing, control, or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material shall, in the discretion of the Borough, be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in §
28-5 below:
A. The cost of replacement of expendable items.
B. The expenses incurred by the Borough for the wages (regular and/or
overtime) paid to its employees/agents as a result of a hazardous
material incident.
C. Any and all medical costs incurred by responding personnel.
D. Any and all environmental tests required to insure a hazard-free
environment (soil/water/air).
E. A fixed hourly rate for the use of apparatus at incidents, computed
at the rate of $200 per hour for the use of specialized and $150 per
hour for the use of any other vehicles, to the Borough of Ho-Ho-Kus.
F. All expenses incurred by other mutual aid responding units.
G. Services rendered by any recovery company, towing company or other
technical assistance called for by the Fire Department or Emergency
Management Coordinator to handle such incidents.
In the discretion of the Borough, reimbursement to the Borough
of Ho-Ho-Kus for any reimbursable item, as set forth above, shall
be made by the following parties:
A. The owner or operator of any vehicle responsible for any fire, leak
or spill or hazardous material, whether accidental or through negligence.
B. 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.
C. The owner or person responsible for any property from which any leak
or spill of hazardous material emanates, whether accidental or through
negligence.
D. Any person responsible for any fire, leak or spill of hazardous material
on public or private property, whether accidental or through negligence.
In the discretion of the Borough, any responsible party, as set forth in §
28-5 hereof, shall reimburse the Borough of Ho-Ho-Kus 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 Borough of Ho-Ho-Kus. Billing is to include an administrative fee of 20%.
Any responsible party, as set forth in §
28-5 hereof, who fails to reimburse the Borough of Ho-Ho-Kus for reimbursable items within the time limit set forth in §
28-6 hereof shall be subject to a fine of not less than $100 nor more than $500 or imprisonment for a period of not more than 90 days, or both. Upon the failure to reimburse the Borough of Ho-Ho-Kus for the cost of such items within said forty-five-day period, and in addition to any penalty provided for in this section, the Borough of Ho-Ho-Kus may take such action, as may be provided by law, to recover such costs from the responsible party.