[Ord. No. 4-87]
As used in this chapter:
a.
HAZARDOUS MATERIAL – Shall mean any material, solid, liquid
or gas listed as hazardous material in the N.F.P.A. of hazardous materials
or in the Department of Transportation guide book.
b.
VEHICLE – Shall mean any motorized equipment, registered or
unregistered, including but not limited to passenger cars, motorcycles,
trucks, tractor trailers, construction equipment, farm machinery and/or
any other method of carrying or storing hazardous materials.
c.
VESSEL – Shall mean any container, drum, box, cylinder or tank
used to hold, contain, carry or store any hazardous material,
d.
EXPENDABLE ITEMS – Shall mean any items used to extinguish
any fire or control or contain any bill involving any hazardous material
which cannot be re-used or replenished without cost after a fire,
leak or spill. These items include and are not restricted to firefighting
foam, chemical extinguishing agents, absorbent, materials, sand, recovery
drums and specialized protective equipment to include but not restricted
to acid suits, acid gloves, goggles, and protective clothing of any
type which is to be used for the protection of those persons engaged
in the prevention of fires or removals of hazardous materials.
[Ord. No. 4-87]
This chapter provides for the reimbursement for or the replacement
of specialized and non-reusable equipment required by State and Federal
regulations to be made available to the borough in the event of fire,
leakage or spillage involving any hazardous materials.
This chapter provides that the Borough of Cliffside Park shall
be entitled to reimbursement for any expendable items used by the
borough or any of its agencies in extinguishing any fire, controlling
or containing any leak or spill of hazardous materials.
[Ord. No. 4-87]
Reimbursement to the Borough of Cliffside Park for any expendable
items as described aforesaid, shall be made by the following persons
and/or corporations:
a.
The owner or operator of any vehicle responsible for any fire, leak
or spill of hazardous material.
b.
The owner or person or persons responsible for any vessel containing
hazardous material involved in any fire, leak or spill on public or
private property whether stationary or in transit, regardless of fault.
c.
The owner or person or persons responsible for any property from
which any leak or spill of hazardous material emanates, regardless
of fault.
d.
Any person or persons responsible for any fire, leak or spill of
hazardous material on public or private property regardless of fault.
[Ord. No. 4-87]
Any person or company responsible for any fire, leak or spill
involving a hazardous material must provide reimbursement in accordance
with prevailing rates and actual labor costs for services rendered
by any recovery company, towing company or other technical assistance
of any type utilized by the fire department of Cliffside Park or any
of its agencies assisting in the predisposition or extinguishing of
any fire, spill or leak.
[Ord. No. 4-87]
Any person, owner or company responsible for any fire, leak
or spill of hazardous materials shall reimburse the Borough of Cliffside
Park for the full amount of expense incurred for expendable items
which were used to extinguish a fire, control or contain a leak or
spill within a period of 30 days after receipt of a bill for such
items from the Borough of Cliffside Park.
[Ord. No. 4-87]
A person, owner or company responsible for any fire, leak or spill of hazardous material who fails to reimburse the Borough of Cliffside Park within the time set forth in subsection 24-2.4 shall be subject of fine for not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars per day or by imprisonment for a period of not more than six months in addition to the fine.
