Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington 6-27-1996 by Ord. No. 96-11 (Ch. 37, Art. III, of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 49.

§ 236-1 Reimbursement for cleanup costs.

This chapter provides for the reimbursement for or the replacement of the specialized and sometimes nonreusable equipment required to be made available in the Borough in case of fire, leakage or spillage involving any hazardous material.

§ 236-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
EXPENDABLE ITEMS
Any items used to extinguish any fire and/or stop or control 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 firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drum and specialized protective equipment, to include but not restricted to acid suits, acid gloves, goggles and protective clothing.
HAZARDOUS MATERIALS
Any material, solid, liquid or gas, listed as a hazardous substance or material, including, but not necessarily limited to such substances and materials listed under the NFPA Guide of Hazardous Material, the Department of Transportation Guide Book, and the list of hazardous substances and toxic pollutants designated by the Federal Environmental Protection Agency and the New Jersey State Department of Environmental Protection.
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.
[Added 7-24-1997 by Ord. No. 97-13]

§ 236-3 Reimbursable items.

Costs incurred by the Borough of Wallington and/or other mutual aid responding units for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material shall be reimbursed to the aforesaid respective organizations by the responsible parties as follows:
A. 
The cost of replacement of expendable items.
B. 
The expenses incurred by the Borough for the wages (regular and/or overtime) paid to its employees/agents as a result of a hazardous materials incident.
C. 
Any and all medical costs incurred by responding personnel.
D. 
Any and all environmental tests required to ensure a hazard-free environment (soil-water-air).
E. 
A fixed hourly rate for the use of apparatus at incidents computed at the rate of $200 per hour for the use of specialized and $150 per hour for the use of any other vehicles to the Borough of Wallington.
F. 
All expenses incurred by other mutual aid responding units.
G. 
Services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department or Emergency Management Coordinator to handle such incidents.
H. 
Use of police personnel: current rate per hour, plus 10% of hourly rate.
[Added 7-24-1997 by Ord. No. 97-13]
I. 
Use of any other Borough-paid personnel: current rate per hour, plus 10% of hourly rate.
[Added 7-24-1997 by Ord. No. 97-13]
J. 
Use of any vehicle of the Fire Department, Emergency Squad, Department of Public Works and/or ambulance corps: $75 per hour.
[Added 7-24-1997 by Ord. No. 97-13]
K. 
The cost of bags of absorbent shall be $15 per bag.
[Added 10-24-2013 by Ord. No. 2013-11]
L. 
An administrative fee of 20% of the bill incurred under this section.
[Added 10-24-2013 by Ord. No. 2013-11]
M. 
A fee shall be paid calculated at $15 per hour for fireman manpower.
[Added 10-24-2013 by Ord. No. 2013-11]
N. 
In addition to the penalties and costs set forth in § 236-6 below, upon the failure to reimburse the Borough of Wallington for costs of such items within the aforesaid forty-five-day period, the Borough of Wallington shall be entitled to apply for prejudgment interest and reasonable attorneys' fees and costs incurred by it in any action filed to recover such costs from the responsible party.
[Added 10-24-2013 by Ord. No. 2013-11]

§ 236-4 Parties responsible for reimbursement.

Reimbursement to the Borough of Wallington for any reimbursable items as set forth above 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 or hazardous material emanates.
D. 
Any person responsible for any fire, leak or spill of hazardous material on public or private property.

§ 236-5 Period for payment.

Any responsible party, as set forth in § 236-4 herein, shall reimburse the Borough of Wallington for the full price of any reimbursable items used to extinguish such a fire, stop or contain such a leak, or control and clean up such a spill within 45 days after receipt of a bill for such items from the Borough of Wallington. Billing is to include a twenty-percent administrative fee.

§ 236-6 Violations and penalties. [1]

Any responsible party, as set forth in § 236-4 hereof, who fails to reimburse the Borough of Wallington for reimbursable items within the time limit set forth in § 236-5 hereof shall be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington. Upon the failure to reimburse the Borough of Wallington for the cost of such items within said forty-five-day period, and in addition to any penalty provided for in this section, the Borough of Wallington may take such action as may be provided by law to recover such costs from the responsible party.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).