City of Summit, NJ
Union County
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[Ord. No. 1990 § 1; 1988 Code Part VI T.54 § 1]
The Fire Department is hereby authorized and directed to clean up and remove any discharge of hazardous substances which occurs within the City of Summit, and when authorized by agreement between the City of Summit and any other governing body or as directed by the Director of the Fire Department, to clean up and remove discharges of hazardous substances outside of the boundaries of the City.
[Ord. No. 1990 § 2; 1988 Code Part VI T.54 § 2]
As used in this section:
CLEAN UP AND REMOVAL COSTS
Shall mean all costs associated with a discharge of hazardous substances incurred by the City of Summit or its authorized agents (1) in the removal or attempted removal of hazardous substances or (2) in the taking of reasonable measures to prevent or mitigate damage to public health, safety, or welfare, including but not limited to public and private property, surface waters, subsurface waters, water columns and bottom sediments, soils and other affected property, including wildlife and other natural resources.
DISCHARGE
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 the waters, onto the lands, or into the air, which may or does cause damage or result in damage to the lands, waters, air, or natural resources.
HAZARDOUS SUBSTANCES
Shall mean such elements and compounds, including petroleum products, which are defined as such by the Department of Environmental Protection of the State of New Jersey, or as are defined in N.F.P.A. Guide of Hazardous Materials, or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency, or as are defined on the list of toxic pollutants designated by Congress or the Environmental Protection Agency, provided however, that sewage and sewage sludge shall not be considered as hazardous substances for the purpose of this section.
PERSON
Shall mean public or private corporations, companies, associations, societies, firms, partnerships, joint stock companies, individuals, or any other entity.
PETROLEUM
Shall mean oil or petroleum of any kind and in any form including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substantives or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
[Ord. No. 1990 § 3; 1988 Code Part VI T.54 § 3]
Any person who causes by act or omission, or is otherwise responsible for the discharge of hazardous substances which requires clean up or abatement by the Fire Department shall be liable for the payment of all costs incurred by the Fire Department as a result of such clean up or abatement activity. The owner of real or personal property from which a discharge of hazardous substances occurs is responsible for the cost of clean up or abatement. The remedy provided by this section shall be in addition to any other remedies provided by law.
[Ord. No. 1990 § 4; 1988 Code Part VI T.54 § 4]
For the purposes of this section, costs incurred by the Fire Department shall include but shall not necessarily be limited to the following: actual labor costs of Fire Department personnel including workers' compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials.
[Ord. No. 1990 § 5; 1988 Code Part VI T.54 § 5]
The cost of materials to be reimbursed to the Fire Department shall include without limitation, fire fighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment including acid suits, acid gloves, goggles and protective clothing.