[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:
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.
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.
A.
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.
B.
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:
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, whether accidental or through
negligence.
D.
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,[1] 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.
[1]
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.
