Shall mean any items used to extinguish any fire and/or stop
or control or contain any leaks or 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 fire fighting foam, chemical extinguishing agents, absorbent material,
sand, recovery drums and specialized protective equipment to include,
but not restricted to, acid suits, acid gloves, goggles, and protective
clothing.
Shall mean any material, solid, liquid or gas, listed as
a hazardous substance or material including but not necessarily limited
to such substances and materials listed under N.F.P.A. Guide of Hazardous
Material, the Department of Transportation Guide Book, and the List
of Hazardous Substances and Toxic Pollutants designated by the Federal
Environmental Protection Agency and the New Jersey State Department
of Environmental Protection.
Shall mean any motorized equipment registered or unregistered,
including but not limited to a passenger car, motorcycles, truck,
tractor-trailer, construction equipment, farm machinery, water craft,
aircraft.
Shall mean any container, drum, box, cylinder, bottle or
tank used to hold or contain or carry or store any hazardous material.
Costs incurred by the Borough of Englewood Cliffs and/or Mid Bergen Hazardous Material Team and/or other mutual aid responding units for the following items in connection with the suppressing, control or clean-up of a fire, leaking or spillage involving any hazardous substances shall be reimbursed to the Borough of Englewood Cliffs by the responsible parties as set forth in subsection 24-1.3 below.
a.
The cost of replacement of expendable items.
b.
The expenses incurred by the borough for wages (regular and/or overtime)
paid to its employees/agents, as a result of a hazardous materials
incident.
c.
Any and all medical costs incurred by responding personnel.
d.
Any and all environmental tests required insuring a hazardous-free
environment (soil-water-air).
e.
A fixed hourly rate for the use of apparatus at incidents computed
at the rate of $200 per hour for use of Haz Mat truck to the Mid Bergen
Hazardous Materials Team and $150 per hour for the use of any other
vehicle to the Borough of Englewood Cliffs.
f.
All expenses incurred by the Mid Bergen Hazardous Materials Team
and/or other responding mutual aid responding units.
g.
Services rendered by any recovery company, towing company or other
technical assistance called for by the fire department to handle such
incidents.
The following parties shall make reimbursement to the Borough
of Englewood Cliffs for any reimbursable items, as set forth above.
a.
The owner or operator of any vehicle responsible for any fire, leak
or spill of hazardous materials.
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.
d.
Any person responsible for any fire leaks or spill of hazardous material
on public or private property.
Any responsible party, as set forth in subsection 24-1.3 hereof, shall reimburse the Borough of Englewood Cliffs and/or the Mid Bergen Hazardous Materials Team for the full price of any reimbursable items used to extinguish such a fire, or contain such a leak, or control and clean up such a spill within 45 days after receipt of a bill for such items from the Borough of Englewood Cliffs. Billing is to include a 20% administrative fee.
Any responsible party, as set forth in subsection 24-1.3 hereof, who fails to reimburse the Borough of Englewood Cliffs for reimbursable items within the time limit set forth in subsection 24-1.4 hereof, shall be subject to a fine of not less than $100 nor more than $500 or imprisonment for a period of not more than 90 days, or both. Upon the failure to reimburse the borough for such cost of such items within said forty-five-day period, and in addition to any penalty provided for in subsection 24-1.5 hereof, the Borough of Englewood Cliffs may take such action, as may be provided by law, to recover such costs from the responsible party.
