As used in this chapter, the following terms shall have the
meanings indicated:
EMERGENCY RESPONSE ACTION
All of the activities conducted by the Borough and/or the
Borough'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 purpose 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 Borough, the Borough'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 experts or specialists not otherwise provided for by
the Borough.
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 material.
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
material 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 substances into the waters or onto the lands
within the borders of the Borough or into waters outside the jurisdiction
of the Borough when damage may result to the lands, water or natural
resources within the waters of the Borough.
THREATENED RELEASE
Any imminent or impending event potentially causing but not
resulting in a release but causing the Borough 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 any hazardous materials.
Reimbursement to the Borough 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 emanate, 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 for services rendered by any
recovery company, towing company or other technical assistance required
by the Borough to handle such incident.
[Amended 1-8-2004 by Ord.
No. 717]
Any person, owner or company responsible for or contributing
to any release or threatened release of hazardous materials shall
reimburse the Borough of Mount Ephraim for the full price of replacing
any nonusable equipment or expended resources, as well as fees for
manpower and equipment used in any 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 Mount Ephraim;
or under special circumstances within a reasonable time as determined
by the Chief of the Fire Department upon request of the responsible
party.
Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Borough of Mount Ephraim within the time set forth in this chapter shall be subject to the penalty provisions contained in Chapter
305, Penalties.
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 remediation activities or pay the costs thereof, or both.
[Added 1-8-2004 by Ord.
No. 717]
The cost of materials as hereinabove noted shall be the replacement cost of materials used to clean up or to prevent damage associated with a discharge. The cost of labor shall be assessed in accordance with the fees set forth in Chapter
165, Article
II, Fee Schedule, for firefighter and other manpower, fire apparatus and other equipment.
[Added 1-8-2004 by Ord.
No. 717]
All sums received in the form of cleanup or removal costs, as
hereinabove described, as it pertains to the Fire Department and personnel
and equipment shall be maintained under an account separate from the
general revenue fund of the Borough and from the operating budget
of the Fire Department at the discretion of the Chief of the Fire
Department, along with the Director of Public Safety. The use of these
sums will be to purchase equipment and supplies used in cleanup or
removal of discharge of hazardous substances and for training related
to hazardous substance cleanup. All other sums received shall be deposited
into the general revenue fund of the Borough. The sums received in
the form of cleanup and removal costs will be separated at the time
they are billed to distinguish between those sums applicable to the
Fire Department and those sums applicable to the Borough. The Fire
Chief shall render an accounting of receipts and disbursements with
the governing body on an annual basis at the time of submittal of
the Mount Ephraim Fire Department's operating budget.