[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.
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.
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.
Any substance which constitutes a hazard, when discharged
and shall specifically include carriers and bailees of such oil or
other hazardous material.
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.
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.
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:
A.
Primary Emergency Response: $75 administrative fee plus:
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Aerial Ladder Truck
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$350 per hour
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Emergency Response Vehicle (Police, Fire, O.E.M.)
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$250 per hour
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Manpower (specialized)
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$25 per man hour
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Extinguishment
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Normal recharge fees
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B.
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.
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Level A/III
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$200 p/mhr or a fraction thereof
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Level B/II
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$150 p/mhr or a fraction thereof
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Level C/I
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$100 p/mhr or a fraction thereof
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Level D
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$50 p/mhr or a fraction thereof
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C.
Emergency Clean-Up/Containment Response:
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Manpower
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Same as above
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Dry Absorbents
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Normal resupply fee
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Wet Absorbents
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Normal resupply fee
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Special Absorbents
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Normal resupply fee
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D.
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.
E.
Reimbursement rates for Regional Response Team are set by the team.
F.
Reimbursement for paid personnel shall be at 1 1/2 times the
hourly rate.
G.
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.
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.
B.
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.
