[HISTORY: Adopted by the Mayor and Council of the Borough
of Netcong 9-11-2014 by Ord. No. 2014-11. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances, sewage, or sewage sludge into
the waters, air, land, public or private, within the municipal boundaries
of the Borough of Netcong or outside the Borough when damage may result
to the waters, air, or land inside the Borough.
Any items used to extinguish or prevent any fire or stop,
contain, or otherwise mitigate a discharge or any items used to provide
for the immediate and/or temporary care of persons affected by such
event which cannot be reused or 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 and goggles. Also items necessary to provide for
the immediate and/or short-term care of persons affected by the incident
to include but not be restricted to emergency medical supplies and
equipment, foodstuffs and any other items owned or requested by the
Borough of Netcong, the Netcong Police Department, the Netcong Fire
Department, and Netcong Office of Emergency Management or their employees,
agents and/or officials.
Any material, solid, liquid or gas, listed as such under
the N.F.P.A. Guide of 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.),
the list of toxic pollutants designated by Congress or the EPA, pursuant
to Section 307 of the Federal Water Pollution Control Act, and all
elements and compounds as set forth in N.J.S.A. 58:10-23.11b, as amended,
and in this chapter, except that sewage and sewage sludge shall be
considered hazardous substances for the purpose of this chapter.
Any individual, public or private corporation, company, association,
society, firm, partnership or joint stock company.
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.
Any container, drum, box, cylinder, or tank used to hold,
contain, carry or store any hazardous substances whether or not said
container was manufactured for the containment of hazardous substances.
A.
It is the policy of the Borough of Netcong that reimbursement for,
or the replacement of, any and all equipment, supplies, or monies
utilized, expended, lost, destroyed or otherwise rendered unusable
by the Borough of Netcong, without regard to ownership, for the purpose
of mitigating, controlling, or containing any discharge or where the
potential thereof exists or the prevention of the same is necessary
or for the protection of the public health, safety or welfare of the
residents of the Borough of Netcong.
B.
It is also the policy of the Borough of Netcong that reimbursement
for the expenses incurred by the Borough for the wages (regular and
overtime) and applicable benefit costs paid to and on behalf of its
employees, agents or servants as a result of an incident involving
a discharge be provided.
C.
Any person who shall cause, be responsible for or otherwise create the discharge shall reimburse the Borough of Netcong for all expendable items and associated costs as listed in § 11-2A and § 11-2B used by the Borough or any of its employees, agents, servants, officers or officials in stopping, containing, controlling or mitigating any discharge. Such reimbursement shall occur in accordance with the provisions of this Chapter 11.
Any person who shall cause a discharge to occur or create the
potential for the occurrence of a discharge shall make reimbursement
to the Borough for any fees incurred by the Borough and for all expendable
items used in connection with the mitigation, control, containment
or prevention of the discharge.
Any person responsible for the occurrence of a discharge or
for creating the potential thereof shall reimburse the Borough of
Netcong for services rendered by any recovery company, towing company,
hazardous materials response unit or any technical assistance called
for by the Borough to handle such incident. In the event of a vehicle
having been responsible for an incident, such vehicle may be impounded
until such time as it has been deemed safe to proceed by the Incident
Commander or officer in charge in consultation with Borough emergency
services officials and until such time as arrangements have been made
to reimburse the Borough and the towing company for expenses incurred
pursuant to the terms of this chapter of the Code of the Borough of
Netcong.
The person or entity responsible for any discharge or for creating the potential thereof shall reimburse the Borough the full cost of expendable items used to extinguish such fire or stop, contain, control or otherwise mitigate such discharge and any associated costs as listed in § 11-2 or § 11-4 within 30 days after receipt of a statement from the Borough of Netcong setting forth the amount of reimbursement required.
Upon receipt of an assessment for expendable items and associated costs as set forth in § 11-5, the person assessed may, within 10 days of receipt of such assessment, make a request for a hearing before the Borough of Netcong Council; said hearing to be solely and exclusively upon the issue of the reasonableness of the amount assessed.
Any person responsible for any discharge of hazardous materials
who fails to reimburse the Borough of Netcong within the time set
forth in this chapter shall be subject to a fine of not less than
$50 nor more than $500 per day or to imprisonment for a period of
not more than six months, or both.
