[1980 Code § 124A-2]
As used in this section:
- COLLECTING AGENCY
- Shall mean the Borough of Roselle Park or its designated agent.
- Shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous material into the air, onto the ground or into any body of water or water resource, including groundwaters, within the Borough of Roselle Park.
- EXPENDABLE ITEMS
- 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, sampling equipment or supplies, absorbent and nonabsorbent materials, sand, recovery drums and any protective equipment and clothing, to include, but not be restricted to, chemical protective suits, chemical protective gloves, goggles and any other item owned or controlled by the Borough of Roselle Park, its agents and/or officials.
- HAZARDOUS MATERIALS
- Shall mean any material, solid, liquid or gas, listed as such under the NFPA 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.), the list of toxic pollutants designated by Congress or the EPA pursuant to Section 307 of the Federal Water Pollution Control Act, any hazardous waste as defined or listed under the New Jersey Hazardous Waste Regulations at N.J.A.C. 7:26-1, 4, 7-13A, 16, 16A and 17 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, contain, carry or store any hazardous materials, whether or not the container was manufactured for the containment of a hazardous material.
[1980 Code § 124A-3]
This section provides for the reimbursement for or the replacement of any and all equipment utilized by the Borough of Roselle Park for costs expended, without regard to ownership, for the purpose of investigating, analyzing, mitigating, controlling or containing any incident in which hazardous material is involved in a fire, leak, release or spill or where the potential thereof exists or for the prevention of the same.
This section also provides for the reimbursement for the expenses incurred by the Borough of Roselle Park, its agents and participating member municipalities for the wages (regular or overtime) paid to its employees, agents, officials or servants as a result of incidents involving hazardous material, fire or a leak, release or spill of hazardous material and for the costs of medical and hospital treatment for injuries incurred by agents, servants and employees.
This section mandates reimbursement to the Borough of Roselle Park for any equipment or expendable items used by any of its employees, agents, servants, officers or officials in extinguishing any hazardous material fire or stopping or containing or controlling or mitigating any spill, release or leak of any hazardous materials.
[1980 Code § 124A-4]
The discharge of hazardous substances is prohibited. This subsection shall not apply to the discharge of hazardous substances pursuant to and in compliance with the conditions of a County, Federal or State permit.
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 section shall immediately notify the New Jersey Department of Environmental Protection Environmental Hotline at 609/292-7172.
Whenever any hazardous substance is discharged, the Borough of Roselle Park may, in its discretion, act to remove or arrange for the removal of the discharge.
Any person who has discharged a hazardous substance or who is responsible in any way for the discharge of hazardous material which has been or shall be removed by the Borough or its agent shall be strictly liable, jointly and severally, without regard to fault, for any and all expenses incurred in conducting the investigation, cleanup and removal and disposal 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 and employees of the Borough of Roselle Park.
[1980 Code § 124A-5]
Reimbursement to the Borough of Roselle Park for the replacement cost of expendable items used shall be made by the owner or operator of the vehicle responsible for the hazardous material fire or 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, spill or release of hazardous material on public or private property, whether accidental or through negligence.
[1980 Code § 124A-6]
Any person causing any hazardous material fire or leak, spill or release involving a hazardous material shall provide reimbursement for services rendered by any recovery company, towing company or any other technical assistance called for by the Borough of Roselle Park to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time as it has been deemed safe to proceed by the incident commander and until such time as arrangements have been made to reimburse the Borough of Roselle Park, its agents and/or the towing company for their expenditures under the terms of this section.
[1980 Code § 124A-7]
The person or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Borough of Roselle Park the full price of expendable items and costs to extinguish such fire or to stop or investigate and contain such leak or to control such spill within forty-five (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 of the amounts collected. In the event that the collecting agency is not able to collect these costs or only a portion thereof, the collecting agency shall not be responsible to its agents for the full amount of the same.
[1980 Code § 124A-8]
The person or entity responsible for any fire, leak or spill of hazardous material who fails to reimburse the Borough of Roselle Park within the time required shall be subject to a fine of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars per day.
The violation of any subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection or any order issued pursuant to this section.
[1980 Code § 124A-9]
This section is to be liberally construed to effectuate the purposes herein described. Nothing herein is to be construed as repealing or abridging the emergency powers of any agency or government except to the extent expressly set forth herein.
[1980 Code § 124A-10]
Nothing in this section shall prohibit the Borough of Roselle Park from obtaining reimbursement under the County, State or Federal program, rule or statute.
Notwithstanding the fact that the Borough of Roselle Park has the right to levy penalties as set forth in subsection 24-1.7, the Borough of Roselle Park reserves to itself all rights and remedies entitled to it under statutory and common law to take whatever steps are necessary to obtain reimbursement.
[1980 Code § 122-1]
In the event that gasoline storage tanks are no longer required or utilized for the purpose intended, it shall be required that such storage tanks shall be forthwith removed from the area where installed, and it shall further be required that such tanks shall be raised in good condition and inspected by Borough Fire Inspectors prior to their removal from the site.
[1980 Code § 122-2; New]
Any person who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 15.