[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 8-11-87 as Ord. No. 87-18. Amended in its entirety 11-9-05 by Ord. No. 2005-27. Subsequent amendments noted where applicable.]
This chapter shall be known as the Hazardous Materials Emergencies Chapter of the Town of Secaucus.
It is the purpose of this chapter to protect the health, safety and welfare of Secaucus citizens and to minimize public and private losses as a result of a hazardous materials incident.
- CLEAN-UP OPERATION
- An operation in which hazardous substances are removed, contained, incinerated, neutralized, stabilized, cleared-up, or in any other manner processed or handled with the ultimate goal of making the site safer for people or the environment.
- Shall mean, but shall not be limited to, any emission, spillage, leakage, pumping, pouring, emptying, or dumping of oil or other hazardous substances onto lands or into waters located in the Town of Secaucus or onto lands or into waters outside the territorial limits of the Town of Secaucus which affect lands, waters or uses related thereto within the territorial limits of the Town of Secaucus, or upon land in such proximity to waters that oil and other hazardous substances is reasonably likely to reach the lands or waters. Provided, however, that this chapter shall not be construed to prohibit the oiling of driveways, roads or streets for reduction of dust or routine maintenance; provided further, that the use of oil or other hazardous substances, oil-based products, or chemicals on the land or waters by any state, county, or municipal government agency in any program of mosquito or other pest control, or their use by any person in accepted agricultural, horticultural, or forestry practices, or in connection with aquatic weed control or structural pest and rodent control, in a manner approved by the state, county, or local agency charged with authority over such uses, shall not constitute a discharge; provided, further, that the use of a pesticide regulated by the New Jersey Department of Environmental Protection in a manner consistent with the labeling required by the New Jersey Department of Environmental Protection shall not constitute a "discharge" for purposes of this Article.
- HAVING CONTROL OVER
- Any person using, transferring, storing or transporting a hazardous material or oil immediately prior to release of such hazardous material onto the land or into the air.
- HAZARDOUS MATERIAL
- Any substance which constitutes a hazard, when discharged and shall specifically include carriers and bailees of such oil or other hazardous material.
- HAZARDOUS MATERIAL EMERGENCY
- Any uncontrolled release or discharge of a hazardous substance that endangers the health or safety of persons or the environment and requires outside assistance by a local fire department or hazmat team to control and contain.
- HAZARDOUS MATERIAL RESPONSE
- The sending of emergency services or Fire Department personnel and equipment to abate hazardous materials incidents which endanger the health or safety of persons or environment.
- REGIONAL RESPONSE TEAM
- A HAZMAT team under contract with the state to provide response to hazardous materials emergencies within a specified region.
- Any kind of oil in any form, including but specifically not limited to petroleum, crude oil, diesel oil, fuel oil, gasoline, lubrication oil, oil refuse, oil products or by-products, and all other liquid hydrocarbons regardless of specific gravity, whether singly or in combination with other substances.
- Any individual, firm, partnership, association, institution, corporation, local government or governmental agency.
It shall be the responsibility of the Secaucus Health Officer to control and eliminate hazardous materials (to include hazardous waste) emergencies with the assistance of Volunteer Fire Department, the Office of Emergency Management and any outside agencies deemed necessary by the Secaucus Health Officer. Hazardous materials emergencies include, but are not limited to, spills, accidents, etc. The Health Officer or his/her designee shall have the authority to summarily remove, abate, or remedy hazardous material emergencies within the jurisdiction of Secaucus that are a threat to the public health or safety. For petroleum-based spills of 25 gallons or less, to which the Volunteer Fire Department has been dispatched, the Fire Chief shall have the authority to summarily remove, abate or remedy the spill. The Health Officer or his/her designee and the Fire Chief, shall determine the type, amount and quantity of equipment and personnel required to adequately abate, and remedy all hazardous materials or oil which are discharged into the environment. The expense of such action shall be borne by the party responsible for the incident.
The Town of Secaucus, through the Office of Inspections and the Health Officer, or his/her designee, is empowered to conduct such inspections and investigations as shall be reasonably necessary to determine compliance with the provisions of this chapter; to determine the person or persons responsible for violation of this chapter, to determine the nature and location of any oil or other hazardous substances discharged to the land or waters of the Town of Secaucus, and, to enforce the provisions of this chapter. The Health Officer or his/her designee and any other agencies/personnel deemed necessary by the Health Officer shall have the authority to enter public or private property, with or without the owner's consent, for the purpose of inspection or investigation or in order to conduct any project or activity to contain, collect, disperse or remove oil or other hazardous substances discharges, or to perform any restoration necessitated by an oil or other hazardous substances discharge. Neither the Town of Secaucus nor its agencies, employees, agents or contractors shall be liable for trespass or damages arising out of the conduct of any inspection, investigation, project or activity.
The Health Officer or his/her designee and the Fire Chief shall determine the type, amount and quantity of equipment and personnel required to adequately abate, and remedy all hazardous materials or oil which are discharged into the environment. The expense of such action shall be borne by the party responsible for the incident.
Any party who discharges, causes to be discharged or permits to be discharged, regardless of the fault of the person having control over the oil or hazardous material; and regardless of whether the discharge was the result of intentional or negligent conduct, accident or other cause, any oil or hazardous materials that creates an oil or hazardous materials emergency shall be held financially liable for the response, abatement, disposal and remedial costs incurred by emergency services agencies during the emergency. The person having control over such hazardous materials shall assist emergency services agencies in control or abatement, removal and remedial measures associated with the oil or hazardous materials emergency. Assistance shall consist of any or all of the following:
The minimum charges for oil or hazardous materials emergency response on behalf of the Secaucus emergency services agencies shall be based upon a schedule to be approved from time to time by the Town of Secaucus. The current schedule is as follows:
Primary Emergency Response: $75 administrative fee plus:
Specialized Equipment/Personal Safety:
Protection (activities that require special protection equipment). Current reference as to EPA/OSHA protection levels based on EPA Protective Ensembles, which may change from time to time.
Emergency Clean-Up/Containment Response:
Contaminated Equipment. The party responsible for the spill/incident shall also be financially responsible to replacement of any routine or specialized equipment that becomes contaminated during response, containment, abatement and recovery efforts.
Reimbursement rates for Regional Response Team are set by the team.
Reimbursement for paid personnel shall be at 1 1/2 times the hourly rate.
Any equipment that is used but not listed (trucks, backhoe, etc.) will be reimbursed at hourly rate specified by hired contractor.
NOTE: These are minimum charges. If actual costs exceed these minimums, the responsible party shall be liable to any additional cost. In the event the schedule of minimum charges set forth amount to less than the actual cost for the oil hazardous materials emergency response, then the actual cost to the response shall be the charge.
This chapter shall be enforced by the Secaucus Office of Inspections to whom the Secaucus Police, Fire and Health Departments shall submit all incident reports for processing, investigation, billing and collection.
A statement of charges assessed by the Town of Secaucus for oil or hazardous materials emergency shall be mailed to the responsible party and/or its insurance company and shall be due and payable within 30 days.
Any unpaid charge shall bear interest from the due date at the highest rate permitted by law. Further, if the owner of the real property upon which the abatement of the emergency took place is determined in any report to be responsible for the discharge of oil or hazardous material therein, then, and in that event; any charge not paid within 30 days from the date or assessment shall be a lien upon the land or premises where the abatement took place, and shall be collected as unpaid taxes. The Town of Secaucus shall charge for the removal, abatement, or remedy of hazardous material emergencies in amounts adequate to reimburse the town and local emergency services agencies for actual costs incurred for removal, abatement, or remedy.
If charges assessed are not paid to the Town of Secaucus within 30 days, the Health Officer or his/her designee shall issue a Municipal Court Summons to the responsible party citing the charges assessed as well as a violation of this chapter.
In addition to charges for reimbursement to the Town of Secaucus and penalties for violating other health, environmental, motor vehicle or other such laws, any person violating or failing to comply with any provisions of this chapter shall be punishable by a fine of not more than $1,000 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment at the direction of the Municipal Court Judge.