[Added 12-9-2014 by Ord. No. 12-14]
This article provides for the reimbursement for, or the replacement of, any and all items expended, damaged or destroyed while utilized by the Borough of Keyport and any of its volunteer service companies, for the purpose of mitigating, controlling or containing any incident in which a hazardous substance is involved in a fire, leak, release or spill, or where the potential thereof exists, or for the prevention of same.
[Added 12-9-2014 by Ord. No. 12-14]
For purposes of this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Keyport, including its employees, agents, officers and officials, and any of its volunteer emergency services.
EXPENDED ITEM
Any item used or damaged while being used to extinguish, prevent, stop or contain any fire or release involving any hazardous material, which cannot be replaced, reused or cannot be replenished without cost after a particular incident. Expended items shall include, but are not limited to, firefighting foam, chemical extinguishing agents, absorbents and absorbent materials, sand, recovery drums and any protective equipment and clothing, including, but not limited to, firefighting turnout gear, breathing apparatus, chemical protective suits, boots, gloves and goggles, and any other item owned or controlled by the Borough.
FIRE
An uncontrolled or unplanned incident in which a tangible item, a living object or being, or property burns or catches fire, and which incident causes or threatens the release of a hazardous substance.
HAZARDOUS SUBSTANCE
Any material, solid, liquid or gas, in any quantity, listed as such under the NFPA Fire Protection Guide of Hazardous Materials, the Department of Transportation Emergency Response Guidebook, the list of hazardous substances and toxic pollutants as adopted by the Federal Environmental Protection Agency (EPA), pursuant to Sections 307 and 311 of the Federal Water Pollution Control Act of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. § 1251 et seq.) or other federal statute. "Hazardous substance" shall expressly include any oil or petroleum of any kind and in any form, including, but not limited to, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substantive or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
PERSON
Any natural person or individual, or any firm, partnership, association, limited partnership, proprietorship, corporation or any other business entity or any governmental agency or entity.
RELEASE
Any intentional or unintentional action or omission resulting in the releasing, discharging, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substance within the Borough, or at any location to which Borough personnel or volunteers are providing an emergency response.
VEHICLE
Any motorized equipment, registered or unregistered, including, but not limited to, a passenger car, motorcycle, truck, tractor trailer, construction equipment, farm machinery, watercraft, aircraft or train.
VESSEL
Any container, drum, box, cylinder or tank used to hold or to contain or carry or store any hazardous substance, whether or not said container was manufactured for the containment of a hazardous substance.
[Added 12-9-2014 by Ord. No. 12-14]
Any person who causes or may be responsible for a fire, release or threatened release of or involving any hazardous substance shall immediately notify the Keyport Police Department at 732-264-0707. Any person who becomes aware of any such fire, release or threatened release is encouraged to notify the Keyport Police Department at 732-264-0707 as soon as possible.
[Added 12-9-2014 by Ord. No. 12-14]
In the event of a fire, release or threatened release of or involving any hazardous substance, the Borough may, in its discretion, act to prevent, contain, remove, or arrange for the removal of such release or threatened release.
[Added 12-9-2014 by Ord. No. 12-14]
Reimbursement to the Borough for any incurred costs or expenses in responding to a fire, release or threatened release of any hazardous substance shall be made by the following parties (each, a "responsible party"):
[Added 12-9-2014 by Ord. No. 12-14]
The owner or operator for any vehicle or vessel containing hazardous substance involved in any fire, release or threatened release on public or private property, whether stationary or in transit, whether accidental or through negligence or a criminal act.
[Added 12-9-2014 by Ord. No. 12-14]
The owner or person in possession of any property from which any fire or release or of involving any hazardous substance emanates or is threatened, whether accidental or through negligence or criminal act.
[Added 12-9-2014 by Ord. No. 12-14]
Without prejudice to the Borough's ability to seek reimbursement from any and all responsible parties, the Borough may demand reimbursement from the responsible party most directly responsible, in the judgment of the Borough, for the fire, release or threatened release.
[Added 12-9-2014 by Ord. No. 12-14]
Any responsible party shall reimburse the Borough for the full replacement cost for any and all expended items.
[Added 12-9-2014 by Ord. No. 12-14]
Any responsible party shall reimburse the Borough for any expenses it incurs for services rendered by any non-Borough service provider, including any recovery company or technical assistance provider, called by or on behalf of the Borough to respond to such an incident.
[Added 12-9-2014 by Ord. No. 12-14]
Any responsible party shall reimburse the Borough for its costs and expenses under this article within a period of 45 days after receipt of a statement from the Borough setting forth said costs and expenses. As applicable, this statement shall indicate the replacement cost of such items from a reputable vendor's catalogue or submitted receipts.
[Added 12-9-2014 by Ord. No. 12-14]
Any responsible party who fails to reimburse the Borough within the time set forth in this article shall be subject to the penalties provided by § 1-5, General penalty, of this Code. The Borough further reserves the right to pursue any legal claim it may have arising under this article in a court of competent jurisdiction, and no provision herein shall limit the Borough's right to seek civil relief or compensation as it deems appropriate.