[HISTORY: Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus 4-24-2001 by Ord. No. 838. Amendments noted where applicable.]
GENERAL REFERENCES
Improper disposal of waste — See Ch. 32.
Littering — See Ch. 34.
Pet waste — See Ch. 43.
Solid waste — See Ch. 64.
A. 
This chapter provides for the reimbursement for, or the replacement of, any and all equipment utilized by the Borough of Ho-Ho-Kus, for costs expended, without regard to ownership, for the purpose of mitigating, controlling, or containing any incident in which a hazardous material is involved in fire, leak, release or spill, or where the potential thereof exists, or for the prevention of same.
B. 
This chapter also provides for the reimbursement for the expenses incurred by the Borough for the overtime wages paid to its employees, agents or servants and the costs of medical or hospital treatment for injuries sustained by any employee, agent or servant of the Borough resulting from an incident involving a hazardous material, and any miscellaneous expenses incurred by the Borough from an incident involving a hazardous material.
C. 
This chapter mandates, in the discretion of the Borough, the reimbursement to the Borough of Ho-Ho-Kus for any expendable items used by the Borough or any of its employees, agents, servants, officers, or officials in extinguishing any hazardous material fire, stopping or containing or controlling or mitigating any spill, release or leak of any hazardous material.
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.
A. 
The discharge of hazardous materials is prohibited, unless the responsible party is in compliance with the conditions of a federal or state permit.
B. 
Any person who may be subject to liability for a discharge, or becomes aware of a discharge which has occurred, shall immediately notify the Borough of Ho-Ho-Kus Police Department.
C. 
Whenever a hazardous material is discharged, the Borough of Ho-Ho-Kus may, in its discretion, act to remove or arrange for the removal of such discharge.
D. 
Any person who has discharged a hazardous material which has been or shall be removed by the Borough of Ho-Ho-Kus may, in the discretion of the Borough, be liable, jointly and severally, without regard to fault, for all cleanup and removal costs.
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.