[Ord. No. 92-08 § I]
This section is enacted pursuant to N.J.S.A. 40:42-1 et seq.
The Home Rule Act, which directs municipalities to act to provide
for the health, welfare and safety of its citizens.
[Ord. No. 92-08 § II]
shall mean and include the Borough of Allenhurst's employees,
agents, officers, officials and supporting units as directed by the
Office of Emergency Management.
shall mean the Borough of Allenhurst.
shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous substances into any sanitary or storm
sewers or waters which flow within the jurisdiction of this Borough
or any land within the jurisdiction of this Borough or any indoor
or outdoor air within the jurisdiction of this Borough.
shall mean items used to extinguish or prevent any hazardous
material fire, or stop or contain any discharge 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, firefighting 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 Allenhurst.
shall mean 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.), and the list of toxic pollutants designated by Congress or
the EPA, pursuant to Section 307 of the Federal Water Pollution Control
Act, any regulated medical waste, including, but not limited to, syringes,
bandages and discarded pharmaceutical products, and any material warranting
removal or cleanup in the operation of the Borough of Allenhurst Emergency
Management.
shall mean 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.
shall mean 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.
[Ord. No. 92-08 § III]
This section provides for the reimbursement for, or the replacement
of, any and all equipment utilized by the Borough of Allenhurst, for
costs expended, without regard to ownership, for the purpose of mitigating,
controlling, or containing any incident in which a hazardous material
is involved in a fire or discharge, or where the potential thereof
exists, or for the prevention of same.
This section also provides for the reimbursement for the expenses
incurred by the Borough of Allenhurst for the wages (regular or overtime)
paid to its employees, agents, or servants as a result of an incident
involving a hazardous material fire or discharge of a hazardous material
and for the costs of medical and hospital treatment for injuries incurred
by agents, servants and employees of the Borough of Allenhurst.
This section also provides for a penalty for the violation of
the section for either committing a spill or for failure to report
the same.
[Ord. No. 92-08 § IV]
a.
The discharge of hazardous substances is prohibited. This subsection
shall not apply to 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 prior to or after the effective
date of this section shall immediately notify the Borough of Allenhurst
Office of Emergency Management.
c.
Whenever any hazardous substance is discharged, the Borough may in
their discretion act to remove or arrange for the removal of such
discharge.
d.
Any person who has discharged a hazardous substance, or who has failed
to report a discharge or who is in any way responsible for any hazardous
substance 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 and shall be liable for the wages
(regular and overtime) paid and the costs of medical and hospital
treatment for injuries incurred by the agents, servants and employees
of the Borough.
[Ord. No. 92-08 § V]
Reimbursement to the Borough for expendable items used shall
be made by the owner or operator of the vehicle responsible for the
hazardous material fire or discharge of hazardous material; the owner
or person responsible for the vessel containing the hazardous material
involved in such fire or discharge 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 discharge of hazardous material emanates, whether accidental
or through negligence and the person responsible for the hazardous
material fire or discharge of hazardous material on public or private
property, whether accidental or through negligence.
[Ord. No. 92-08 § VI]
Any person causing any hazardous material fire or discharge
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 responsible official in conjunction and cooperation with the
Borough of Allenhurst, and until such time as arrangements have been
made to reimburse the Borough and the towing company for their expenditures
under the terms of this section.
[Ord. No. 92-08 § VII]
The person or entity responsible for any hazardous material
fire or discharge of hazardous materials shall reimburse the Borough
the full price of expendable items and costs used to extinguish such
fire, or to stop or contain such leak, or to control such spill, within
forty-five (45) days after receipt of a bill therefor. The collecting
agency shall utilize its best efforts to collect costs hereunder and
shall reimburse its agents or the local units of amounts collected.
In the event that the collecting agency is not able to collect said
costs or only a portion thereof, the collecting agency shall not be
responsible to its agents or the local units for the full amount of
same.
[Ord. No. 92-08 § VIII]
All penalties collected shall be dedicated funds for use by
the Borough of Allenhurst and shall be deposited in an Emergency Management
Trust Fund within the Municipal Current Fund.
[Ord. No. 92-08, § IX;
New]
The person or entity responsible for any hazardous material fire or discharge of hazardous material, who fails to reimburse the Borough within the time required, shall be liable to the penalty as stated in Chapter I, Section 1-5 of these Revised General Ordinances. The person or entity responsible for committing a spill, or who fails to report same, will be liable for the same penalties as aforesaid stated.
