Borough of Interlaken, NJ
Monmouth County
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[Ord. No. 326 § 1]
This section is enacted pursuant to N.J.S.A. 40:42-1 et seq. The Home Rule Act which directs municipalities to act to provide for the health, welfare and safety of its citizens.
[Ord. No. 326 § 2]
BOROUGH
Shall mean and include the Borough of Interlaken employees, agents, officers, officials and supporting units as directed by the Office of Emergency Management.
COLLECTING AGENCY
Shall be the Borough of Interlaken.
DISCHARGE
Shall mean any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, into any sanitary or storm sewers or waters which flow within the jurisdiction of this Borough or any land within the jurisdiction of this Borough or any indoor or outdoor air within the jurisdiction of this Borough.
EXPENDABLE ITEMS
Shall mean any items used to extinguish or prevent any hazardous material fire, or stop or contain any discharge 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 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 Interlaken.
HAZARDOUS MATERIALS
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 or the EPA, pursuant to Section 307 of the Federal Water Pollution Control Act, any regulated medical waste, including, but not limited to, syringes, bandages and discarded pharmaceutical products, and any material warranting removal or cleanup in the operation of the Borough of Interlaken Emergency Management.
VEHICLES
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.
VESSEL
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. 326 § 3]
This section provides for the reimbursement for, or the replacement of, any and all equipment utilized by the Borough, for the 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 or discharge, 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 or overtime) paid to its employees, agents or servants as a result of an incident involving a hazardous material fire or discharge 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 also provides for the penalty for the violation of this section for either committing a spill or failure to report the same.
[Ord. No. 326 § 4]
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 discharge, or becomes aware of a discharge which occurred prior to or after the effective date of this section shall immediately notify the Borough of Interlaken, Office of Emergency Management at 531-3688 or 531-3689.
c. 
Whenever any hazardous substance is discharged, the Borough may, at their discretion, act to remove or arrange for the removal of such discharge.
d. 
Any person who has discharged a hazardous substance, or who has failed to report a discharge or who is in any way 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. 326 § 5]
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 or discharge of hazardous material; the owner or person responsible for the vessel containing the hazardous material involved in such fire or discharge 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 discharge of hazardous material emanates, whether accidental or through negligence and the person responsible for the hazardous material fire or discharge of hazardous material on public or private property, whether accidental or through negligence.
[Ord. No. 326 § 6; New]
The person or entity responsible for any hazardous material fire or discharge of hazardous material, who fails to reimburse the Borough within the time required, shall be liable to the penalty stated in Chapter 1, Section 1-5. The person or entity responsible for committing a spill, or who fails to report same, will be liable for the same penalties as aforesaid stated.