As used in this chapter, the following terms shall have the
meanings indicated:
EMERGENCY RESPONSE ACTION
All of the activities conducted by the municipality and/or
the municipality's Fire Department to clean up, remove, prevent, contain
or mitigate a discharge of hazardous materials that poses an immediate
threat to the environment or to the public health, safety or welfare.
EXPENDED RESOURCES
In general, those resources expended that are reasonable,
necessary and allocable to the emergency response action. Expended
resources shall include but are not limited to the following:
A.
Materials and supplies acquired, consumed or expended specifically
for the purposes of the emergency response action.
B.
Compensation of employees or independent contractors for the
time and efforts devoted specifically to the emergency response action.
C.
Rental or leasing of equipment used specifically for the emergency
response action (such as protective, scientific and technical equipment
and clothing).
D.
Replacement costs for equipment owned by the municipality, the
municipality's Fire Department or a mutual aid company or department
that is contaminated beyond reuse or repair, if the loss occurred
during an emergency response action (such as self-contained breathing
apparatus irreparably contaminated during the response).
E.
Decontamination of equipment and personnel contaminated during
an emergency response action.
F.
Special technical services specifically required for an emergency
response action (such as costs associated with the time and efforts
of technical expense or specialists not otherwise provided for by
the municipality).
G.
Other special services specifically required for the emergency
action.
H.
Laboratory costs of analyzing samples taken during the emergency
response action.
I.
Costs of cleanup, storage or disposal of the released materials.
J.
Costs associated with services and supplies procured in response
to an evacuation resulting from a release.
K.
Medical expenses incurred, including post-exposure medical surveillance.
L.
Legal expenses incurred as a result of the emergency response
action, including efforts to recover expenses pursuant to this chapter.
HAZARDOUS MATERIAL
Any material, solid, liquid or gas, classified as a hazardous
substance by federal, state or local legislation or regulation.
RELEASE
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous materials into the waters or on the lands
within the borders of the municipality, or into waters outside the
jurisdiction of the municipality, when damage may result to the lands,
waters or natural resources within the borders of the municipality.
THREATENED RELEASE
Any imminent or impending event potentially causing but not
resulting in a release, but causing the municipality to undertake
an emergency response action.
VEHICLE
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment and farm machinery.
VESSEL
Any container, drum, barrel, box, cylinder or tank used to
hold or contain or carry or store hazardous materials.
Reimbursement to the Borough of Lincoln Park for the costs of
any expended resources shall be made by the following parties jointly
and severally:
A. The owner or operator of any vehicle responsible for or contributing
to any release or threatened release of hazardous materials.
B. The owner or person responsible for any vessel containing hazardous
materials involved in or contributing to any release or threatened
release on public or private property, whether stationary or in transit,
whether accidental or through the negligence of the owner or person
responsible for the vessel.
C. The owner or person responsible for any property from which any release
or threatened release of hazardous materials emanates, whether accidental
or through the negligence or intentional acts of the owner or person
responsible for the property.
D. Any person responsible for or contributing to any release or threatened
release of hazardous material on public or private property, whether
accidental or through the negligence or intentional acts of the person
responsible for contributing to the release or threatened release.
Any person or company responsible for or contributing to any
release or threatened release of a hazardous material must provide
reimbursement directly to the Borough of Lincoln Park for services
rendered by any recovery company, towing company or other specialists
retained by the municipality to handle such incident.
Any person, owner or company responsible for or contributing
to any release or threatened release of hazardous materials shall
reimburse the Borough of Lincoln Park for the full price of replacing
any non-reusable equipment or expended resources used in an emergency
response action concerning any release or threatened release within
a period of 45 days after receipt of a bill for such items from the
Borough of Lincoln Park.
[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000]
Any person, owner or company responsible for or contributing to any release or threatened release of hazardous material, or who or which fails to reimburse the Borough of Lincoln Park within the time set forth in this chapter, shall, upon conviction thereof, be subject to the fines and penalties set forth in §
1-2 of this Code (general penalty), in the discretion of the judge imposing the same.
Nothing in this chapter shall be construed to conflict with
state or federal laws requiring persons causing or responsible for
any release or threatened release of a hazardous material to engage
in remedial activities or pay the costs thereof, or both.