[Ord. #92-795, § I]
This chapter 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. #92-795, § II]
Shall include the Borough of Tinton Falls employees, agents,
officers, officials and supporting units as directed by the Office
of Emergency Management.
Shall be the Borough of Tinton Falls.
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous substances into any waters which
flow within the jurisdiction of this Borough or any land within the
jurisdiction of this Borough.
Shall mean any items used to extinguish or prevent any hazardous
material fire, or stop or contain any leak, release or spill 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 Tinton Falls.
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 hospital or medical waste, including but not limited to,
syringes, bandages and discarded pharmaceutical products and any material
warranting removal or clean-up in the opinion of the Borough of Tinton
Falls Office of Emergency Management.
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.
Shall mean any container, drum, box cylinder or tank used
to hold or contain or carry or store any hazardous materials, whether
or not said container was manufactured for the containment of a hazardous
material.
[Ord. #92-795, § III]
This chapter provides for the reimbursement for, or the replacement
of, any and all equipment utilized by the Borough of Tinton Falls
for 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, leak, release or spill, or where the
potential thereof exists, or for the prevention of same.
This chapter also provides for the reimbursement for the expenses
incurred by the Borough of Tinton Falls for the wages (regular or
overtime) paid to its employees, agents, or servants as a result of
an incident involving a hazardous material, fire, leak, release, or
spill of a hazardous material and for the costs of medical and hospital
treatment for injuries incurred by agents, servants and employees
of the Borough of Tinton Falls.
This chapter also provides for a penalty for the violation of
the chapter for either committing a spill or for failure to report
the same.
[Ord. #92-795, § IV]
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 a discharge, or becomes
aware of a discharge which occurred prior to or after the effective
date of this chapter, shall immediately notify the Borough of Tinton
Falls Office of Emergency Management at 542-4422.
c.
Whenever any hazardous substance is discharged, the Borough may in
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. #92-795, § V]
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, leak or spill of hazardous material; the
owner or person responsible for the vessel containing the hazardous
material involved in such fire, leak or spill 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 leak or spill of hazardous material emanates, whether
accidental or through negligence and the person responsible for the
hazardous material fire, leak or spill of hazardous material emanates,
whether accidental or through negligence and the person responsible
for hazardous material fire, leak or spill of hazardous material on
public or private property, whether accidental or through negligence.
[Ord. #92-795, § VI]
Any person causing any hazardous material fire, leak, spill
or release involving a hazardous material must provide reimbursement
for services rendered by any recovery company, towing company or any
other technical assistance called for by the Borough to handle such
incident, such vehicle shall be impounded until such time as it has
been deemed safe to proceed by the responsible official in conjunction
and cooperation with the Borough and until such time as arrangements
have been made to reimburse the Borough and the towing company for
their expenditures under the terms of this chapter.
[Ord. #92-795, § VII]
The person or entity responsible for any fire, leak or spill
of hazardous materials shall reimburse the Borough the full price
of expendable items and costs used to extinguish such fire, or to
stop or contain such leak, or to control such spill, within 45 days
after receipt of a bill therefor. The collecting agency shall utilize
its best efforts to collect costs hereunder and shall reimburse its
agents or the local units of amounts collected. In the event that
the collecting agency is not able to collect said costs or only a
portion thereof, the collecting agency shall not be responsible to
its agents or the local units for the full amount of same.
[Ord. #92-795, § VIII]
The person or entity responsible for any fire, leak or spill
of hazardous material who fails to reimburse the Borough within the
time required, shall be subject to a fine of not less than $50, or
more than $500 per day, or by imprisonment for a period of not more
than six months, or both. The person or entitle responsible for committing
a spill, or who fails to report same, will be liable for the same
penalties as aforesaid stated.
[Executive Order No. 96-5-1]
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Bales of pads
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$70
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Bales of booms
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$70
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Large booms
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$80
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Large water booms
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$120
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Pillows
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$75
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Overpack drums
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$300
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Salvage drums
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$100
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Peat sorb (25 lb.)
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$45
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Sorbital (25 lb.)
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$45
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Tyveck suit
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$10
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Encapsulated suit
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$695
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Gloves (latex)
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$6
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Gloves (fire)
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$15
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Gloves (rubber)
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$7
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Duct tape
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$3
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Barrier tape
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$22
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Rope
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$35
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Sand (ton)
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$17.50
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Dump truck
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$100
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Loader
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$100
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Sweeper
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$100
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Road flares
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$36
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Disposal (yds.)
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$85
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DPW drivers
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$29
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OEM responders
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$35
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Police
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$35
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Supervisors
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$40
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