[Adopted 11-28-2005 by Ord. No. 920]
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
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 Borough, any land within the jurisdiction of this Borough or into the air within the jurisdiction of this Borough.
EXPENDABLE ITEM
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, absorbent materials, sand, recovery drums, and any protective equipment and clothing to include, but not restricted to chemical protective suits, chemical protective gloves, goggles, and any other item owned or controlled by the Borough of Demarest or its employees, agents, officers and/or officials.
HAZARDOUS MATERIALS
Any material, solid, liquid or gas, listed as such under the NFPA 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.) 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. 
The discharge of hazardous substances is prohibited. This section shall not apply to the 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 after the effective date of this section shall immediately notify the Borough of Demarest Fire Department and the Bergen County Emergency Management Office.
C. 
Whenever any hazardous materials are discharged, the Borough may, in its discretion, act to remove or arrange for the removal of such discharge.
D. 
Any person who has discharged a hazardous material or is in any way responsible for any hazardous material which has been or shall be removed by the Borough shall be strictly liable, jointly and severally, without regard to fault for all cleanup and removal costs.
A. 
Reimbursement to the Borough of expendable items used shall be made by the owner or operator of the vehicle responsible for the fire, leak or spill of hazardous material; the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence, and the person responsible for the fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
B. 
If the responsible party is not the owner of real property involving the hazardous material or if the Borough chooses not to place a lien on the property, then the Borough shall have the option to request the Borough Attorney to commence legal actions to collect the reimbursement for these expenses.
Any person responsible for any fire, leak, spill or release involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or any other 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 shall be impounded until such time as it has been deemed safe to proceed by the on-scene supervisor of the Bergen County Hazardous Materials Unit and until such time as arrangements have been made to reimburse the county and the towing company for their expenditures under the terms of this section.
The person or entity responsible for any fire, leak or spill of hazardous material shall reimburse the Borough the full price of expendable items used to extinguish such fire or to stop or contain such leak or to control such spill, within 45 days after receipt of a bill therefor.
A. 
The responsible party shall reimburse the Borough as provided. Should the responsible party be the owner of real property on which the hazardous material involved was located, from or to which the hazardous material was being transported or from which it emanated, failure to reimburse as required shall entitle the Borough to assess the costs due as reimbursement in accordance with this article, as taxes against said real property. Said taxes shall be due and payable with the next installment of real property taxes; the costs so levied as real property tax shall, if not paid as required, become a tax lien as provided by statute and these ordinances.
B. 
The Borough shall have the option to enforce the collection of these costs through a civil action. This action may occur when a lien on the property is not available as a means for the collection or when in the opinion of the Mayor and Council such lien will not be an effective method to collect these costs.
C. 
Upon request by the organization of the Borough of Demarest responding to the emergency caused by the discharge of a hazardous substance, the Mayor and Council may request the Borough Attorney to bring a civil action in a court of competent jurisdiction for recovery of costs pursuant to this article against persons responsible for causing or allowing the unauthorized discharge. Upon receiving such a request, not less than 45 days before bringing a civil action for recovery of those costs, the Borough Attorney shall mail written notice to the responsible persons informing them that unless the total certified costs are paid within 45 days after the date of the mailing of the notice, the Borough Attorney shall bring a civil action for that amount.
D. 
The Borough Attorney is authorized, upon consultation and agreement by the organization responding to the emergency caused by the discharge of the hazardous material, to compromise and settle any claim for costs permitted pursuant to this article in such amount at the discretion of the organization as may appear appropriate and equitable under all of the circumstances.
E. 
Any recovery of costs shall be credited to the appropriate funds of each organization from which the monies were expended in responding to the emergency caused by the discharge of hazardous materials.