As used in this chapter, the following terms shall have the
meanings indicated:
Any items used to extinguish any fire or stop 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 fire-fighting
foam, chemical extinguishing agents, absorbent material, sand, recovery
drums and specialized protective equipment, to include but not be
restricted to acid suits, acid gloves, goggles and protective clothing.
Any material solid, liquid or gas listed as such under National
Fire Protection Association Guide of Hazardous Materials or Department
of Transportation Guide Book.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment and farm machinery.
Any container, drum, box, cylinder or tank used to hold or
contain or carry or store any hazardous material.
a.
This chapter provides for the replacement or reimbursement of the
specialized and sometimes nonreusable equipment required by state
and federal regulations to be made available in the Borough in case
of fire, leakage or spillage involving any hazardous material.
b.
This chapter entitles the Borough of Point Pleasant Beach to reimbursement
for any expendable items used by the Borough including emergency management
or any of its volunteer fire companies in extinguishing any fire,
stopping or containing any leak or controlling any spill of hazardous
materials.
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
materials 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 of hazardous material emanates, whether accidental or through
negligence.
d.
Any person responsible for any fire, leak or spill of hazardous materials
on public or private property, whether accidental or through negligence.
Any person or company responsible for any fire, leak or spill
involving a hazardous material must provide reimbursement for services
rendered by any recovery company, towing company or other technical
assistance called for by the fire department to handle such incident.
Any person, owner or company responsible for any fire, leak
or spill of hazardous materials shall reimburse the Borough of Point
Pleasant Beach Volunteer Fire Company for the full price of any expendable
items used to extinguish such a fire, stop or contain such a leak
or control such a spill within a period of 45 days after receipt of
a bill for such items from the appropriate Borough agency or volunteer
fire company.
Any person, owner or company responsible for any fire, leak
or spill of hazardous materials who fails to reimburse the Borough
or the appropriate Point Pleasant Beach Volunteer Fire Company within
the time set forth in this chapter shall be subject to a fine of not
less than fifty ($50.00) dollars nor more than five hundred ($500.00)
dollars per day or to imprisonment for a period of not more than six
months, or both.
All reimbursements collected for hazardous material incidents
shall be placed into the appropriate Borough agency or Point Pleasant
Beach Volunteer Fire Companies operation and equipment budget. A record
of all such funds shall be maintained by the appropriate agency or
fire company.
