[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:
The Borough of Keyport, including its employees, agents,
officers and officials, and any of its volunteer emergency services.
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.
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.
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.
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.
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.
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.
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.
