[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick on 6-14-94 as Ord. No. 15-94.]
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous substances, sewage, or sewage sludge into
the waters, air, land public or private, within the municipal boundaries
of the Borough of Waldwick or outside the Borough when damage may
result to the waters, air, or land inside the Borough.
Any items used to extinguish or prevent any fire or stop,
contain or otherwise mitigate a discharge or any items used to provide
for the immediate and/or temporary care of persons affected by such
event which cannot be reused or replenished without cost after that
particular incident. These "expendable items" include but are not
limited to, fire-fighting foam, chemical extinguishing agents and
absorbent materials, sand, recovery drums and any protective equipment
and clothing to include but not be restricted to chemical protective
suits, chemical protective gloves and goggles. Also items necessary
to provide for the immediate and/or short term care of persons affected
by the incident to include but not be restricted to emergency medical
supplies and equipment, foodstuffs and any other items owned or requested
by the Borough of Waldwick, the Waldwick Police Department, the Waldwick
Fire Department, and Waldwick Office of Emergency Management or their
employees, officers, agents and/or officials.
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 USC 1251, et seq.), the list of
toxic pollutants designated by Congress or the EPA, pursuant to Section
307 of the Federal Water Pollution Control Act, and all elements and
compounds as set forth in N.J.S.A. 58:10-23.11b as amended, and in
this chapter, except that sewage and sewage sludge shall be considered
"Hazardous Substances" for the purpose of this article.
Any individual, public or private corporation, company, association,
society, firm, partnership or joint stock company.
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.
Any container, drum, box, cylinder, or tank used to hold,
contain, carry or store any hazardous substances whether or not said
container was manufactured for the containment of hazardous substances.
A.
It is the policy of the Borough of Waldwick that reimbursement for,
or the replacement of, any and all equipment, supplies, or monies
utilized, expended, lost, destroyed or otherwise rendered unusable
by the Borough of Waldwick, without regard to ownership, for the purpose
of mitigating, controlling, or containing any discharge or where the
potential thereof exists or the prevention of the same is necessary
or for the protection of the public health, safety or welfare of the
residents of the Borough of Waldwick.
B.
It is also the policy of the Borough of Waldwick that reimbursement
for the expenses incurred by the township for the wages (regular and
overtime) and applicable benefit costs paid to and on behalf of its
employees, agents or servants as a result of an incident involving
a discharge be provided.
C.
Any person who shall cause, be responsible for or otherwise create the discharge, shall reimburse the Borough of Waldwick for all expendable items, and associated costs as listed in Subections 2A and 2B used by the Borough or any of its employees, agents, servants, officers or officials in stopping, containing, controlling or mitigating any discharge. Such reimbursement shall occur in accordance with the provisions of this Chapter 38.
Any person who shall cause a discharge to occur or create the
potential for the occurrence of a discharge shall make reimbursement
to the Borough for any fees incurred by the Borough and for all expendable
items used in connection with the mitigation, control, containment
or prevention of the discharge.
Any person responsible for the occurrence of a discharge or
for creating the potential thereof shall reimburse the Borough of
Waldwick for services rendered by any recovery company, towing company,
hazardous materials response unit or any 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 may be impounded
until such time as it has been deemed safe to proceed by the Incident
Commander or Officer in Charge in consultation with Borough emergency
services officials and until such time as arrangements have been made
to reimburse the Borough and the towing company for expenses incurred
pursuant to the terms of this chapter of the Code of the Borough of
Waldwick.
The person or entity responsible for any discharge or for creating the potential thereof shall reimburse the Borough the full cost of expendable items used to extinguish such fire or stop, contain, control or otherwise mitigate such discharge and any associated costs as listed in § 38-2A, B and § 38-4 within thirty (30) days after receipt of a statement from the Borough of Waldwick setting forth the amount of reimbursement required.
Upon receipt of an assessment for expendable items and associated costs as set forth in § 38-5 the person assessed may, within ten (10) days of receipt of such assessment, make a request for a hearing before the Borough of Waldwick Council; said hearing to be solely and exclusively upon the issue of the reasonableness of the amount assessed.
A.
Any person
responsible for any discharge of hazardous materials who fails to
reimburse the Borough of Waldwick within the time set forth in this
chapter shall be subject to a fine of not less than fifty ($50) dollars
nor more than five hundred ($500) dollars per day or to imprisonment
for a period of not more than six (6) months, or both.
