As used in this chapter, the following terms
shall have the meanings indicated:
EMERGENCY RESPONSE ACTION
All of the activities conducted by the Town and/or the Town'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
Town, the Town'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 Town).
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 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 Town, or into waters outside the jurisdiction
of the Town, when damage may result to the lands, waters or natural
resources within the borders of the Town.
THREATENED RELEASE
Any imminent or impending event potentially causing but not
resulting in a release, but causing the Town 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 Town for the costs of any
expended resources shall be made by the following parties jointly
or 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 stationery
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 Town for services rendered by
any recovery company, towing company or other specialists retained
by the Town 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 Town of Boonton for the full price of
replacing any nonusable 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 Town of Boonton.
Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Town of Boonton within the time set forth in this chapter shall be subject to the general penalties set forth in Chapter
1, General Provisions, Article
III, General Penalty, of the Code.
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.