[1980 Code § 124A-2]
As used in this section:
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.
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.
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]
a.
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.
b.
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.
c.
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]
a.
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.
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 section shall immediately notify the New Jersey Department
of Environmental Protection Environmental Hotline at 609/292-7172.
c.
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.
d.
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]
a.
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.
b.
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]
a.
Nothing in this section shall prohibit the Borough of Roselle Park
from obtaining reimbursement under the County, State or Federal program,
rule or statute.
b.
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.
