[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater 2-3-1987 by Ord. No. 855-87 (Ch. 160, Art. I, of the 1975 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- EXPENDABLE ITEMS
- Any items used to extinguish any fire or stop 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 MATERIAL
- Any material, solid, liquid or gaseous, listed as such under the NFPA Guide of Hazardous Materials or the Department of Transportation Guide Book.
- Any motorized equipment, registered or unregistered, including but not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction equipment and farm machinery.
- Any container, drum, box, cylinder or tank used to hold or contain or carry or store any hazardous material.
This chapter provides for the reimbursement for or the replacement of the specialized and sometimes nonreusable equipment required by state and federal regulations to be made available in the Borough in case of fire, leakage or spillage involving any hazardous material.
This chapter entitles the Borough of Edgewater to reimbursement for any expendable items used by the Borough or any of its agencies in extinguishing any fire, stopping or containing any leak or controlling any spill of hazardous materials.
Reimbursement to the Borough for any expendable items used shall be made by the following parties:
The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.
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.
The owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence.
Any person responsible for any fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
Any person or company responsible for any fire, leak or spill involving a hazardous material must provide reimbursement in accordance with Schedule A, attached hereto, for services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department to handle such incident.
Editor's Note: Schedule A is on file in the office of the Borough Clerk.
Any person, owner or company responsible for any fire, leak or spill of hazardous materials shall reimburse the Borough of Edgewater Fire Department for the full price of any expendable items used to extinguish such a fire, stop or contain such a leak or control such a spill within a period of 45 days after receipt of a bill for such items from the Borough of Edgewater Fire Department.
Any person, owner or company responsible for any fire, leak or spill of hazardous material who fails to reimburse the Borough of Edgewater Fire Department within the time set forth in this chapter shall be subject to the penalties in Chapter 1, Article II, General Penalty.