[1974 Code § 12A-1; Ord. No. 82-4, Preamble]
The Borough of Fairview is predominantly residential. Within
the past three years there has been extensive fire damage to property
by fire and explosion. The United States Environmental Protection
Agency has specified 24 toxic substances that pose health or environmental
problems. The use of the 24 specified toxic substances in the Borough
of Fairview, County of Bergen and State of New Jersey may pose a significant
threat to public health, safety and welfare. The Borough deems it
necessary and advisable to control the use of these toxic substances.
It is deemed advisable that the Uniform Control Code Official for
the Borough of Fairview together with the Subcode Official review
applications for exception to the control of any one or more of these
toxic substances for use unless the Fairview Uniform Control Code
Official issues a permit therefore.
[1974 Code § 12A-2; Ord. No. 82-4 § 1]
The Mayor and Borough Council deem it necessary and advisable
for the health, welfare and safety of its residents to control the
use of the following toxic substances as a raw material in a manufacturing
process or to be manufactured within the Borough unless the Borough's
Uniform Control Code Official issues a permit therefore; namely, acrylonitrile,
arsenic, asbestos, benzene, beryllium, cadmium, chlorinated solvents,
chloroform, trichloroethylene (TCE), perchlorethylene (PCE), methylchloroform,
chlorofluorcarbons, chromates, coke oven emissions, diethylstilbestrol
(DES), dibromocholoropropane (DBCP), ethylene dibromide, ethylene
oxide, lead, mercury, nitrosamines, ozone, polybrominated biphenyls
(PBBs), polychlorinated biphenyls (PCBs), ionizing radiation, sulphur
dioxide, vinyl chloride and toxic waste disposals.
[1974 Code § 12A-3; Ord. No. 84-4 § 2]
Any request for a permit for use of the aforesaid toxic substances shall be submitted for approval to the Borough's Uniform Control Code Official at the same time as any application for use is made to a Federal, State or County agency asserting jurisdiction. To the extent that the proof required by subsection 17-1.4 is set forth, application to the Borough's Uniform Control Code Official may be made in the same form and manner as application to a Federal, State or County agency.
[1974 Code § 12A-3.1; Ord. No.
84-4 § 2A]
The Environmental Control Commission shall approve the use of
any of the aforesaid toxic substances only upon proof by the applicant
that the proposed use of the toxic substances in question will not
pose unreasonable threat to public health, safety or welfare. The
burden or persuasion of this issue shall be on the applicant. In determining
whether the proposed use of a given toxic substance poses an unreasonable
threat to public health, safety or welfare, the Environmental Control
Commission shall consider all scientifically relevant factors, including
at a minimum the following:
a.
The probability that the proposed use will result in an accident
which would adversely affect the public health, safety and welfare;
b.
The probable consequences of any accident involving the toxic substance
in question;
c.
The availability of control equipment or procedures to prevent accidents;
d.
The availability of alternatives to the toxic substance in question.
[1974 Code § 12A-3.2; Ord. No.
84-4 § 2B]
In determining whether to approve the use of any of the aforesaid
toxic substances, the Borough's Uniform Control Code Official
shall confer with and shall take into account the view and recommendations
of the Borough of Fairview's Bureau of Fire Prevention.
[1974 Code § 12A-4; Ord. No. 84-4 § 3]
The user of any of the aforesaid toxic substances shall be absolutely
liable, regardless of fault or negligence for any actual damages to
persons or property incurred beyond the boundaries of the property
of the user.
[Ord. No. 96-3 § I]
This section is enacted pursuant to N.J.S.A. 26:3A2-1 et seq.,
the Local Health Services.
[Ord. No. 96-3 § III]
As used in this section:
Shall mean and include the Borough of Fairview's employees,
agents, officers, officials and/or departments.
Shall mean the Borough of Fairview.
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 any waters which
flow within the jurisdiction of this County or any land within the
jurisdiction of this County.
Shall mean any items used to extinguish or prevent any hazardous
material fire, or stop or contain any leak release or spill involving
any hazardous material, which cannot be reused or cannot be replenished
without cost after that particular incident. These expendable items
include, but are not limited to fire fighting foam, chemical extinguishing
agents, absorbent and absorbent materials, sand, recovery drums, and
any protective equipment and clothing to include, but not restricted
to chemical protective suits, chemical protective gloves, goggles,
and any other item owned or controlled by the Borough of Fairview,
or its employees, agents, officers and/or officials.
Shall mean 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 U.S.C. 1251 et
seq.), and the list of toxic pollutants designated by Congress of
the EPA, pursuant to Section 307 of the Federal Water Pollution Control
Act, and any hospital or medical waste, including but not limited
to, syringes, bandages, and discarded pharmaceutical products.
Shall mean 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.
Shall mean any container, drum, box, cylinder or tank used
to hold or contain or carry or store any hazardous materials, whether
or not the container was manufactured for the containment of a hazardous
material.
[Ord. No. 96-3 § III]
This section provides for the reimbursement for, or the replacement
of, any and all equipment utilized by the Borough of Fairview, for
costs expended, without regard to ownership, for the purpose of mitigating,
controlling, or containing any incident in which a hazardous material
is involved in a fire, leak, release or spill, or where the potential
thereof exists, or for the prevention of same.
This section also provides for the reimbursement for the expenses
incurred by the Borough for the wages (regular and overtime) paid
to its employees, agents or servants as a result of an incident involving
a hazardous material, fire, leak, release or spill of a hazardous
material and for the costs of medical and hospital treatment for injuries
incurred by agents, servants and employees of the Borough.
This section mandates reimbursement to the Borough of Fairview
for any expendable items used by the Borough, or any of its employees,
agents, servants, officers or officials, in extinguishing any hazardous
material fire, stopping or containing or controlling or mitigating
any spill, release or leak of any hazardous material.
[Ord. No. 96-3 § IV]
a.
The discharge of hazardous substances is prohibited. This section
shall not apply to discharge of hazardous substances pursuant to and
in compliance with the conditions of a Federal or State permit.
b.
Any person who may be subject to liability for a discharge, or becomes
aware of a discharge which occurred prior to or after the effective
date of this ordinance shall immediately notify Bergen County Emergency
Management at 646-2700.
c.
Whenever any hazardous substance is discharged, the Borough may,
in their discretion, act to remove or arrange for the removal of such
discharge.
d.
Any person who has discharged a hazardous substance or in any way
is responsible for any hazardous substance which has been or shall
be removed by the Borough, shall be strictly liable, jointly and severally,
without regard to fault, for all cleanup and removal costs and shall
be liable for the wages (regular and overtime) paid and the costs
of medical and hospital treatment for injuries incurred by the agents,
servants and employees of the Borough.
[Ord. No. 96-3 § V]
Reimbursement to the Borough for expendable items used shall
be made by the owner or operator of the vehicle responsible for the
hazardous material fire, leak or spill of hazardous material; the
owner or person responsible for the vessel containing the hazardous
material involved in such fire, leak or spill on public or private
property, whether stationary or in transit and whether accidental
or through negligence; the owner or person responsible for any property
from which any leak or spill of hazardous material emanates, whether
accidental or through negligence and the person responsible for the
hazardous material fire, leak or spill of hazardous material on public
or private property, whether accidental or through negligence.
[Ord. No. 96-3 § VI; Ord. No. 97-29; Ord. No.
03-18 § 1]
Any person or company responsible for any fire, leak or spill
involving a hazardous material must provide reimbursement in accordance
with the schedule below for services rendered or materials expended
by any recovery company, towing company, municipal agency or other
technical assistance called for by the Fire Department to handle such
incident.
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Schedule of Reimbursement Fees
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a.
Expendable Materials. Prevailing rate of expendable equipment, materials
and supplies.
b.
Vehicle and Personnel Charges.
1.
Use of Police vehicles: $100 per hour per vehicle;
2.
Use of Police personnel: $100 per hour;
3.
Use of fire vehicles, Chief's truck, pumpers and rescue truck:
$100 per hour;
4.
Use of ambulance: $100 per hour;
5.
Use of Borough paid personnel: current rate $100 per hour;
6.
Use of DPW vehicles: $100 per hour per vehicle;
7.
Use of Fire Department personnel: volunteer "No Charge";
8.
Recovery of absorbent: $12 per 50 pound bag.
This schedule of charges may be amended in the future by Resolution
of the Mayor and Council of the Borough of Fairview, without the necessity
of ordinance passage procedure.
[Ord. No. 96-3 § VII]
The person or entity responsible for any fire, leak or spill
of hazardous materials shall reimburse the Borough the full price
of expendable items and costs in accordance with Schedule "A" attached
hereto used to extinguish such fire, or to stop or contain such leak,
or to control such spill, within 45 days after receipt of a bill therefor.
The collecting agency shall utilize its best efforts to collect costs
hereunder and shall reimburse its agents or the local units of amounts
collected. In the event that the collecting agency is not able to
collect the costs or only a portion thereof, the collecting agency
shall not be responsible to its agents or the local units for the
full amount of same.
[Ord. No. 96-3 § VIII]
The person or entity responsible for any fire, leak or spill
of hazardous material who fails to reimburse the Borough within the
time required shall be subject to a fine of not less than $50 or more
than $500 per day, or by imprisonment for a period of not more than
six months, or both.
