[HISTORY: Adopted by the Mayor and Council of the Borough
of Sea Bright as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-18-2010 by Ord. No. 11-2010]
This article is enacted pursuant to N.J.S.A. 40:42-1 et seq.,
the Home Rule Act, which directs municipalities to act to provide
for the health, welfare and safety of its citizens.
As used in this article, the following terms shall have the
meanings indicated:
Includes the Borough of Sea Bright's employees, agents, officers,
officials, and supporting units as directed by the Office of Emergency
Management.
The Borough of Sea Bright.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances into any waters which flow within
the jurisdiction of the Borough of Sea Bright or on any land within
the jurisdiction of the Borough of Sea Bright.
Includes, but shall not be limited to, such things as all
firefighting and first aid tools, protective clothing, vehicles, radios,
etc.
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, firefighting foam, chemical extinguishing
agents, absorbent materials, sand, recovery drums, and any protective
suits, chemical protective gloves, goggles, and any other item owned
or controlled by the Borough of Sea Bright or the Sea Bright Fire
Department hereinafter set forth.
Includes Sea Bright Hook and Ladder and Ocean Fire Company
within the Borough of Sea Bright, and each of said Fire Department
volunteers, agents, officers, officials, supporting units, firefighters
and first aiders. "Fire Department" shall include both the plural
and singular as the context may require.
Any material, solid, liquid or gas, listed as such under
the N.F.P.A. 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,[1] any hospital or medical waste, including, but not limited
to, syringes, bandages and discarded pharmaceutical products, and
any material warranting removal or cleanup in the opinion of the Borough
of Sea Bright Office of Emergency Management or the Sea Bright Fire
Department.
Includes the replacement cost or repair of any and all equipment,
materials and supplies utilized by the Borough of Sea Bright and the
Sea Bright Fire Department which have been consumed, destroyed, damaged,
or contaminated; costs expended, without regard to ownership, for
the purpose of mitigating, controlling, or containing any incident
in which a hazardous material is involved in a fire, leak, release
or spill, or where the potential thereof exists, or for the prevention
of same; expenses incurred by the Borough of Sea Bright and the Sea
Bright Fire Department for the wages (regular or overtime) or compensation
paid to its employees, agents, or servants as a result of an incident
involving a hazardous material fire, leak, release, or spill and for
the costs of medical and hospital treatment for injuries incurred
by agents, servants and employees of the Borough of Sea Bright and
the Sea Bright Fire Department.
Any motorized equipment, registered or unregistered, including,
but not limited to, passenger car, motorcycle, truck, tractor trailer,
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 33 U.S.C. § 1317.
This article provides for the reimbursement for the replacement
cost or repair of any and all equipment, materials and supplies utilized
by the Borough of Sea Bright and the Sea Bright Fire Department which
have been consumed, destroyed, damaged, or contaminated and 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 a fire, leak, release or spill, or where the potential
thereof exists, or for the prevention of same. This article also provides
for the reimbursement for the expenses incurred by the Borough of
Sea Bright for the wages (regular or overtime) or compensation paid
to its employees, agents, or servants as a result of an incident involving
a hazardous material fire, leak, release, or spill and for the costs
of medical and hospital treatment for injuries incurred by agents,
servants and employees of the Borough of Sea Bright and the Sea Bright
Fire Department. This article also provides for a penalty for the
violation of the article for either committing a fire, leak, release
or spill or for failure to report the same.
A.
The discharge of hazardous substances is prohibited. This section
shall not apply to discharge of hazardous substances pursuant to and
in compliance with the condition of a federal or state permit.
B.
Any person, concern or corporation 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 Borough of Sea Bright Police Department and the Sea Bright
Fire Department.
C.
Whenever any hazardous substance is discharged, the Borough of Sea
Bright or the Sea Bright Fire Department may in their discretion act
to remove or arrange for the removal of such discharge.
D.
Any person, concern or corporation who has discharged a hazardous
substance, or who has failed to report said discharge or who is in
any way responsible for any hazardous substance which has been or
shall be removed by the Borough of Sea Bright and/or the Sea Bright
Fire Department shall be strictly liable, jointly and severally for
all cleanup and removal costs and shall be liable for the wages (regular
and overtime) and compensation paid and the costs of medical and hospital
treatment for injuries incurred by the agents, servants and employees
of the Borough of Sea Bright and each of said Sea Bright Fire Department.
Reimbursement to the Borough of Sea Bright and the Sea Bright
Fire Department for expendable items used and reimbursable costs incurred
shall be made by the owner and operator, be it a person, concern or
corporation, of the vehicle responsible for the hazardous material
fire, leak, release or spill; the owner and operator, person, concern
or corporation responsible for the vessel containing the hazardous
material involved in such fire, leak, release or spill on public or
private property, whether stationary or in transit and whether accidental
or through negligence; the owner and tenant, person, concern or corporation
responsible for any property from which any fire, leak, release or
spill of hazardous material emanates, whether accidental or through
negligence; the person, concern or corporation responsible for the
hazardous material fire, leak, release, spill or hazardous material
emanation, whether accidental or through negligence; and the person,
concern or corporation responsible for the hazardous material fire,
leak, release or spill on public or private property, whether accidental
or through negligence.
Any person, concern or corporation causing any hazardous material
fire, leak, release or spill must provide reimbursement for services
rendered by any recovery company or towing company or any other technical
assistance called for by the Borough of Sea Bright and the Sea Bright
Fire Department to handle such incident. In the event of a vehicle
having been responsible for an incident, such vehicle shall be impounded
until such time as it has been deemed safe to proceed by the responsible
official in conjunction and cooperation with the Borough of Sea Bright
and the Sea Bright Fire Department, and until such time as arrangements
have been made to reimburse the Borough and/or the Sea Bright Fire
Department and the recovery company, towing company and/or technical
assistance company for their expenditures and fees under the terms
of this article.
The person, concern or corporation responsible for any fire,
leak, release or spill of hazardous materials shall reimburse the
Borough and the Sea Bright Fire Department the full price of expendable
items used and reimbursable costs incurred to extinguish, contain,
control or stop such fire, leak, release or spill, within 45 days
after receipt of a bill therefor. The Borough shall render a bill
to the responsible party or parties for said price of expendable items
used and reimbursable costs incurred, and the Sea Bright Fire Department
shall render a separate bill to the responsible party or parties for
said price of expendable items used and reimbursable costs incurred.
The collecting agencies shall utilize their best efforts to collect
the amounts due hereunder and shall reimburse their agents or the
local units of amounts collected. In the event that the collecting
agencies are not able to collect said amounts due or only a portion
thereof, the collecting agencies shall not be responsible to their
agents or the local units for the full amount of same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The person, concern or corporation responsible for any fire, leak, release or spill of hazardous materials who fails to reimburse the Borough and the Sea Bright Fire Department within the time required shall be subject to a penalty as provided in Chapter 1, General Provisions, Article I, General Penalty. The person, concern or corporation responsible for committing a fire, leak, release or spill of a hazardous material, or who fails to report same, will be liable for the same penalties as aforesaid stated. Any fines collected shall be shared proportionately by the Borough and the Sea Bright Fire Department based on the proportionate amount of their share of the total reimbursable amount due.
