[Adopted by Ord. No. 1998-14 (Sec. 3-14 of the 1987 Revised General Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
BOROUGH
Includes the Borough of Red Bank's employees, agents,
officers, officials and supporting units as directed by the Office
of Emergency Management.
COMPENSATION
Relating to a hazardous material discharge or emission, shall
mean a calculation of all costs and expenses for materials utilized;
for any and all wages and benefits paid; for use of any and all equipment;
and for any expenses for outside services needed by the Borough. Compensation
also includes the costs of any and all medical treatment and hospital
expenses for injuries incurred by agents, servants and employees of
the Borough arising out of the hazardous material discharge or emission.
Compensation further includes any administrative costs.
DISCHARGE or EMISSIONS
Includes, but is not limited to, the spilling, leaking, flowing
or running of substances into the environment without regard to cause;
and shall include causes that are man-made, natural, accidental, unavoidable
or from any cause whatever.
ENVIRONMENT
The air, ground and waters in and adjoining the Borough.
EXPENDABLE ITEMS
Any materials or items used to stop, extinguish or prevent
any hazardous material fire, or stop or contain any discharge or emission
involving any hazardous materials, which materials or items cannot
be reused or cannot be replenished without cost after the particular
hazardous materials incident. These expendable items include, but
are not limited to, firefighting foam, chemical extinguishing agents,
absorbent materials, sand, recovery drums, and any protective equipment
and clothing, including but not restricted to chemical protective
suits, chemical protective gloves, goggles and any other item owned
or controlled by the Borough.
HAZARDOUS MATERIALS
Any material, solid, liquid or gas, listed as such under
the NFPA Guide of Hazardous Materials, the Department of Transportation
Guide Book, the list of hazardous substances adopted by the Federal
Environmental Protection Agency (EPA), pursuant to Section 311 of
the Federal Water Pollution Control Act Amendment of 1972, as amended
by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.)
and the list of toxic pollutants designated by Congress, or the EPA
pursuant to Section 307 of the Federal Water Pollution Control Act;
any hospital or medical waste, including but not limited to syringes,
bandages and discarded pharmaceutical products; and any material warranting
removal, abatement, cleanup or mitigation in the opinion of the Borough
of Red Bank Office of Emergency Management.
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 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.
Any person or persons responsible for any discharge or emission
of hazardous materials shall reimburse the full compensation for the
incident within 30 days after receipt of a bill therefor.
It shall be unlawful under this section for any person:
A. To permit or be responsible for the emission of any hazardous material
into the environment of the Borough.
B. To knowingly fail to report to the Borough any discharge or emission
of hazardous material into the environment of the Borough.
C. To fail to promptly respond to the order of a Borough official regarding
or related to the abatement, cleanup and/or mitigation of any emission
of hazardous material.
D. To fail to pay compensation to the Borough within 30 days following
that person's receipt of the Borough's bill for compensation
relating to the discharge or emission of hazardous material.