[Adopted 6-4-1991 by Ord. No. 91-16]
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 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.
VEHICLE
Any motorized equipment registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor trailers,
construction equipment, farm machinery, watercraft, aircraft, and
trains.
VESSEL
Any container, drum, box, cylinder, bottle, or tank used
to hold or contain or carry or store any hazardous material.
Costs incurred by the City of Englewood for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance shall be reimbursed to the City of Englewood by the responsible parties as set forth in §
241-3 below:
A. The cost of replacement of expendable items.
B. The expenses incurred by the City 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 ensure a hazard-free
environment (soil-water-air).
E. A fixed hourly rate for the use of apparatus at incidents computed
at the rate of $100 for use of a ladder truck and $50 for use of any
other vehicles.
F. Services rendered by any recovery company, towing company or other
technical assistance called for by the Fire Department to handle such
incidents.
Reimbursement to the City for any reimbursable items, 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 of hazardous material.
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.
D. Any person responsible for any fire, leak or spill of hazardous material
on public or private property.
Any responsible party, as set forth in §
241-3 hereof, shall reimburse the City of Englewood 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 City of Englewood.
Any responsible party, as set forth in §
241-3 hereof, who fails to reimburse the City of Englewood for reimbursable items within the time set forth in §
241-4 hereof, shall be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a period of not more than 90 days or both. Upon the failure to reimburse the City for the cost of such items within said forty-five-day period, and in addition to any penalty provided in §
241-5 hereof, the City may take such action, as may be provided by law, to recover such costs from the responsible party.
[Adopted 2-20-2018 by Ord. No. 18-01]
Except as permitted by the City of Englewood Code including
this article and applicable state and federal laws and regulations,
no person shall store, sell or dispose of flammable and/or hazardous
materials in the City of Englewood.
Notwithstanding §
241-6 above, the storage of not more than 20 gallons shall be permitted provided it is incidental to the use and maintenance of property such as lawn mower fuels, or generator fuel, provided that the fuels are safely and securely stored in accordance with any and all federal and state laws and regulations, and are not sold or utilized for a commercial purpose except as otherwise permitted by state or federal law regulations, and the Code of the City of Englewood.
All federal and state laws and regulations relating to the storage,
handling and disposal of flammable and hazardous materials shall be
complied with and are hereby incorporated by reference.
Any person or entity violating this article shall be subject
to the following fines and penalties:
A. A fine of not less than $1,500 for the first violation;
B. A fine of not less than $2,000 for the second violation; and
C. A fine of not less than $2,500 for the third and subsequent violations.