[HISTORY: Adopted by the Township Council of the Township
of Brick as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-23-2009 by Ord. No. 41-09]
A.
This article provides for the reimbursement to the Township of any
and all equipment and costs expended for the purposes of mitigating,
controlling or continuing any incident in which a hazardous material
is involved in a fire, leak, release, accident or spill, or where
the potential thereof exists, or for the prevention of same; also
for the reimbursement for the expenses incurred by the Township for
the wages (regular and overtime) paid to its employees, agents or
servants as a result of any incident involving a hazardous material
fire, leak, release, accident or spill of a hazardous material, and
for the costs incurred by agents, servants and employees of the Township.
B.
This article also provides for the repayment and collection of all
expenses incurred by voluntary hazardous material response teams,
including those who respond through mutual aid such as fire companies
and first aid squads.
In the event of a spill, release, leak or accident involving
hazardous materials, any and all costs and expenses incurred by the
Township and by any voluntary hazardous material response teams (including
those who respond through mutual aid including, without limitation,
fire companies and first aid squads) shall be borne by the spiller
and/or responsible party and/or releaser of such hazardous materials
and/or substances and pollutants as defined herein and as may be set
forth and defined under state law, including, without limitation,
those hazardous substances, chemicals, pollutants and materials that
may be defined in any act or law of the state of New Jersey.
As used in this article, the following terms shall have and
include the meanings hereinafter prescribed:
Any intentional or unintentional act, action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of any hazardous substances into any waters which
flow within the jurisdiction of the Township or on any land within
the corporate limits and/or jurisdiction of the Township.
Any items used to extinguish or prevent any hazardous material
fire, or stop or contain any leak, release or spill involving any
hazardous material, which cannot be reused or cannot be replenished
without cost after that particular incident. These expendable items
include, but are not limited to: fire-fighting foam, chemical extinguishing
agents, absorbent materials, sand recovery drums and any protective
equipment and clothing to include, but not be restricted to, chemical
protective suits, chemical protective gloves, goggles and any other
items owned or controlled by the Township and/or any public-related
full-time or voluntary response team.
Any material, solid, liquid or gas, listed as such under
the N.F.P.A. Guidebook of Hazardous Materials, the list of hazardous
substances adopted by the Federal Environmental Protection Agency
(EPA), the list of hazardous substances set forth in the New Jersey
Spill Compensation and Control Act,[1] and any material warranting removal or cleanup in the
opinion of the Township's Emergency Management Coordinator.
The Brick Township employees, agents, officers, officials
and supporting units as directed by the Brick Emergency Management
Coordinator, including, but not limited to, the Township's Fire
Departments and the Brick Township Police Department.
Any motorized equipment, registered or unregistered, including,
but not limited to, passenger car, motorcycle, truck, tractor trailer,
tank truck, construction equipment, farm machinery, watercraft, aircraft
and trains.
Any container, drum, box cylinder or tank used to hold or
contain or carry or store any hazardous materials, whether or not
said container was manufactured for the containment of a hazardous
material.
[1]
Editor's Note: See N.J.S.A. 58:10-23.11 et seq.
A.
The discharge of hazardous substances and materials is prohibited.
This section shall not apply to discharge of hazardous substances
pursuant to and in full authorized compliance with the conditions
of a federal or state permit.
B.
Any person and/or entity who may be subject to liability for a discharge
or become aware of a discharge which occurred prior to or after the
effective date of this article shall immediately notify the Township
Emergency Management Coordinator.
C.
Whenever any hazardous substance is discharged, the Township may
in its discretion act to remove or arrange for the removal of such
discharge.
D.
Any person and/or entity who has discharged a hazardous material
and/or substance or who has failed to report a discharge or who is
in any way responsible for any hazardous substance and material which
has been or shall be removed by the Township shall be strictly liable,
jointly and severally, without regard to fault for all cleanup and
removal costs paid and the costs of any medical and hospital treatment
for injuries incurred by the agents, servants and employees of the
Township and/or others as defined herein.
E.
In addition to the costs and expenses set forth in Subsection D above, the parties responsible for a discharge must provide reimbursement for the established salaries and wages (including overtime where same is approved by the proper Township representative) for all Township employees involved in the cleanup and removal. Also, the cost of all Township vehicles involved in the cleanup and removal shall be reimbursed pursuant to the following schedule:
(1)
Police vehicles: $40/hour.
(2)
DPW vehicles: $50/hour.
(3)
Fire Department costs (one-hour minimum unless stated otherwise):
(a)
Fire engine: $200/hour with crew (one driver and three firefighters;
one must be an officer or acting officer).
(b)
Ladder truck: $300/hour with crew (one driver and four firefighters;
one must be identified as an officer).
(c)
Rescue unit: $250/hour with crew (one driver and four firefighters;
one must be an acting officer).
(d)
Brush unit: $100/hour with crew (one driver and two firefighters;
one must be an acting officer).
(e)
Fire boat: $100/hour with crew (one driver and two firefighters,
one shall be considered an officer).
(f)
Certified fire inspector standby: $50/hour (two-hour minimum).
Reimbursement to the Township and voluntary hazardous material
response teams and others as hereinbefore indicated shall be made
by the owner or operator of the vehicle responsible for the hazardous
material fire, leak or spill of hazardous material; by the owner or
person responsible for the vessel containing the hazardous material
involved in such fire, leak or spill on public or private property,
whether stationary or in transit, and whether accidental or through
negligence; by the owner or person responsible for any property from
which any leak or spill of hazardous emanates, whether accidental
or through negligence; and by the person responsible for the hazardous
material fire, leak or spill of hazardous material on public or private
property whether accidental or through negligence.
Any person and/or entity causing any hazardous material fire,
leak, spill or release involving a hazardous material and substance
shall be responsible for all costs for services rendered by any recovery
company, towing company or any other technical assistance called for
by the Township to handle such incident.
Any person and/or entity responsible for any fire, leak or spill
of hazardous materials shall reimburse the Township the full price
of expendable items and costs used to extinguish such fire, or to
stop or contain such leak, or to control such spill and for all costs
and expenses set forth in this article within 45 days after receipt
of a statement from the Township outlining said costs and expenses.
Any person, corporation, entity and/or other violating any provisions of this article and responsible for any fire, leak or spill of hazardous materials or substances within the Township who fails to reimburse the Township and others as provided herein within the time required shall be liable and subject to a penalty and/or fine for each violation and each offense in accordance with § 1-15.
