[HISTORY: Adopted by the Township Council of the Township of Allamuchy 4-1-1991 by Ord. No. 3-91 (Ch. 86 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Emergency services cost reimbursement — See Ch. 27, Art. III.
Fire insurance claims — See Ch. 155.
Uniform Fire Safety Act — See Ch. 160, Art. I.
As used in this chapter, the following terms shall have the meanings indicated:
DISCHARGE
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 this Township or any land, public or private, within the municipal boundaries of the Township of Allamuchy.
EXPENDABLE ITEMS
Any items used to extinguish or prevent any 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 fire-fighting foam, chemical extinguishing agents and absorbent materials, sand, recovery drums and any protective equipment and clothing to include but not be restricted to chemical protective suits, chemical protective gloves, goggles and any other item owned or requested by the Township of Allamuchy, the Allamuchy Volunteer Fire Company, the Allamuchy Office of Emergency Management or their employees, agents, officers and/or officials.
HAZARDOUS MATERIALS
Any material, solid, liquid or gas, listed as such under the NFPA Guide to 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.
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.
A. 
It is the policy of Allamuchy Township that reimbursement for or the replacement of any and all equipment utilized by the Township of Allamuchy, 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 the same be provided.
B. 
It is also the policy of Allamuchy Township that reimbursement for the expenses incurred by the Township for the wages (regular and overtime) paid to its employees, agents or servants as a result of an incident involving a fire, leak, release or spill of a hazardous material be provided.
C. 
Any person who shall cause, be responsible for or otherwise create the spill of a hazardous substance shall reimburse the Township of Allamuchy for any expendable items used by the Township or any of its employees, agents, servants, officers or officials in extinguishing any fire, stopping or containing or controlling or mitigating any spill, release or leak of any hazardous material. Such reimbursement shall occur in accordance with the provisions of this chapter.
A. 
The discharge of hazardous substances anywhere in the Township of Allamuchy is prohibited. This section shall not apply to discharge of hazardous substances pursuant to and in compliance with the conditions of a federal or state permit.
B. 
Any person who may be subject to liability for a discharge or becomes aware of a discharge which occurred prior to or after the effective date of this chapter shall immediately notify the Allamuchy Office of Emergency Management or the Allamuchy Volunteer Fire Department.
C. 
Whenever any hazardous substance is discharged, the Office of Emergency Management in conjunction with the Fire Department of the Township of Allamuchy may, but shall not be obligated, to remove or arrange for the removal of such discharge.
D. 
Any person who has discharged a hazardous substance or in any way is responsible for any hazardous substance which has been or shall be removed by the Township shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs.
Any person who shall cause a hazardous substance to spill or be discharged shall make reimbursement to the Township for expendable items used in connection with any fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence.
Any person responsible for any fire, leak, spill or release involving a hazardous material shall reimburse the Township of Allamuchy for services rendered by any recovery company, towing company, hazardous materials response unit or any other technical assistance called for by the Township to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicles shall be impounded until such time as it has been deemed safe to proceed by the Incident Commander in consultation with Office of Emergency Management officials and until such time as arrangements have been made to reimburse the Township and the towing company for expenses incurred pursuant to the terms of this chapter of the Code of the Township of Allamuchy.
The person or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Township the full cost of expendable items used to extinguish such fire or to stop or contain such leak or to control such spill within 30 days after receipt of a statement from the Township of Allamuchy setting forth the amount of reimbursement required.
A. 
The person or entity responsible for any fire, leak or spill of hazardous material who fails to reimburse the Township within the time required by § 178-6 shall be liable to the general penalty in Chapter 1, Article II, General Penalty, of the Township Code, including a fine of not less than $100.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Township of Allamuchy shall also have the right to seek such civil penalties and action, including injunctive relief, to enforce the policy of reimbursement mandated by this chapter.