[HISTORY: 1973 Code §§ 51-1—51-7 as
amended through October 13, 2016. Amendments noted where applicable.]
[Ord. No. 6-10]
As used in this chapter, the following terms shall have the
meanings indicated:
Any items used to extinguish any fire or stop or contain
any leak of spill involving any hazardous material, which cannot be
reused or cannot be replenished without cost after that particular
fire, leak, or spill. These include but are not restricted to firefighting
foam, chemical extinguishing agents, absorbent material, sand, recovery
drums, and specialized protective equipment, to include but not be
restricted to acid suits, acid gloves, goggles, and protective clothing.
Any material solid, liquid or gas listed as such under the
current National Fire Protection Association Guide to Hazardous Materials
or U.S. Department of Transportation Emergency Response Guide Book
or any other material that the Fire Department Incident Commander
at the scene classifies as such in order to protect the public safety,
health or environment under the emergency conditions present.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment, and farm machinery.
Any container, drum, box, cylinder, or tank used to hold,
contain, carry, or store any hazardous material.
[Ord. No. 6-10]
Reimbursement to the Borough of North Caldwell for any expendable
items use shall be made by the following parties:
A.
This section provides for the replacement or reimbursement of the
specialized and sometimes non-reusable equipment required by state
and federal regulations to be made available in the borough in case
of fire, leakage, or spillage involving any hazardous material.
B.
This section entitles the Borough of North Caldwell to reimbursement
for any expendable items used by the borough or any of its agencies
in extinguishing any fire, stopping or containing any leak or controlling
any spill of hazardous materials.
[Ord. No. 6-10]
A.
The owner or operator of any vehicle responsible for any fire, leak,
or spill of hazardous material.
B.
The owner or person responsible for any vessel containing hazardous
material involved in any fire, leak or spill on public or private
property, whether stationary or in transit, whether accidental or
through negligence.
C.
The owner or person responsible for any property from which any leak
or spill of hazardous material emanates, whether accidental or through
negligence.
[Ord. No. 6-10]
Any person or company responsible for any fire, leak or spill
involving a hazardous material must provide reimbursement for services
rendered by any recovery company, towing company or other technical
assistance called for by the Fire Department to handle such incident.
[Ord. No. 6-10]
Any person, owner or company responsible for any fire, leak
or spill of hazardous material shall reimburse the Borough of North
Caldwell Fire Department for the full price of any expendable items
used to extinguish such a fire, stop or contain such a leak or control
such a spill within a period of 45 days after receipt of a bill for
such items from the Borough of North Caldwell Fire Department.
[Ord. No. 6-10]
Any person, owner or company responsible for any fire, leak
or spill of hazardous materials who fails to reimburse the Borough
of North Caldwell Fire Department within the time set forth in this
chapter shall be subject to a fine of not less than $50 nor more than
$500 per day or to imprisonment for a period of not more than 90 days,
or both.
[Ord. No. 6-10]
All reimbursements collected for hazardous material incidents
shall be placed into the Fire Department's operation and equipment
budget. A record of all such funds shall be maintained by the Office
of Fire Prevention and a report furnished to the Mayor and Council
on a yearly basis.
