[Ord. No. 21-2005 § 2]
EMERGENCY RESPONSE ACTION
Shall mean all of the activities conducted by the Borough
and/or the Borough's Fire Department to clean up, remove, prevent,
contain or mitigate a discharge of hazardous materials that poses
an immediate threat to the environment or to the public health, safety
or welfare.
EXPENDED RESOURCES
Shall mean, in general, those resources expended that are
reasonable, necessary and allocable to the emergency response action.
Expended resources shall include, but are not limited to the following:
a.
Materials and supplies acquired, consumed or expended, specifically
for the purposes of the emergency response action.
b.
Compensation of employees or independent contractors for the
time and efforts devoted specifically to the emergency response action.
c.
Rental or leasing of equipment used specifically for the emergency
response action (such as protective, scientific and technical equipment
and clothing).
d.
Replacement costs for equipment owned by the Borough, the Borough's
Fire Department or a mutual aid company or department, that is contaminated
beyond reuse or repair, if the loss occurred during an emergency response
action (such as self-contained breathing apparatus irreparably contaminated
during the response).
e.
Decontamination of equipment and personnel contaminated during
an emergency response action.
f.
Special technical services specifically required for an emergency
response action (such as costs associated with the time and efforts
of technical experts or specialists not otherwise provided for by
the town).
g.
Other special services specifically required for the emergency
action.
h.
Laboratory costs of analyzing samples taken during the emergency
response action.
i.
Costs of cleanup, storage or disposal of the released material.
j.
Costs associated with services and supplies procured in response
to an evacuation resulting from a release.
k.
Medical expenses incurred, including post-exposure medical surveillance.
l.
Legal expenses incurred as a result of the emergency response
action, including efforts to recover expenses pursuant to this chapter.
HAZARDOUS MATERIAL
Shall mean any material, solid, liquid or gas classified
by Federal, State or local legislation or regulation.
RELEASE
Shall mean any intentional or unintentional action or omission
resulting in the releasing, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of hazardous materials into the waters or on the
lands within the borders of the Borough, or into waters outside the
jurisdiction of the Borough, when damage may result to the lands,
waters or natural resources within the borders of the Borough.
THREATENED RELEASE
Shall mean any imminent or impending event potentially causing
but not resulting in a release, but causing the Borough to undertake
an emergency response action.
VEHICLE
Shall mean any motorized equipment, registered or unregistered,
including but not limited to passenger cars, motorcycles, trucks,
tractor-trailers, construction equipment and farm machinery.
VESSEL
Shall mean any container, drum, barrel, box, cylinder or
tank used to hold or contain or carry or store any hazardous materials.
[Ord. No. 21-2005 § 3]
Reimbursement to the Borough for the costs of any expended resources
shall be made by the following parties jointly or severally:
a. The owner or operator of any vehicle responsible for or contributing
to any release or threatened release of hazardous materials.
b. The owner or person responsible for any vessel containing hazardous
materials involved in or contributing to any release or threatened
release on public or private property whether stationary or in transit,
whether accidental or through the negligence of the owner or person
responsible for the vessel.
c. The owner or person responsible for any property from which any release
or threatened release of hazardous materials emanate, whether accidental
or through the negligence or intentional acts of the person responsible
for the property.
d. Any person responsible for or contributing to any release or threatened
release of hazardous material on public or private property whether
accidental or through the negligence or intentional acts of the owner
or person responsible for contributing to the release or threatened
release.
[Ord. No. 21-2005 § 4]
Any person or company responsible for or contributing to any
release or threatened release of a hazardous material must provide
reimbursement directly to the Borough for services rendered by any
recovery company, towing company or other specialists retained by
the Borough to handle such incident.
[Ord. No. 21-2005 § 5]
Any person, owner or company responsible for or contributing
to any release or threatened release of hazardous materials shall
reimburse the Borough of Bloomingdale for the full price of replacing
any nonusable equipment or expended resources used in an emergency
response action concerning any release or threatened release within
a period of 45 days after receipt of a bill for such items from the
Borough of Bloomingdale.
[Ord. No. 21-2005 § 6]
Any person, owner or company responsible for or contributing to any release or threatened release of a hazardous material who fails to reimburse the Borough of Bloomingdale within the time set forth in this chapter shall be subject to the general penalties set forth in Chapter
1, General Provisions, Section
1-5, General Penalty, of the Revised General Ordinances of the Borough of Bloomingdale.
[Ord. No. 21-2005 § 7]
Nothing in this chapter shall be construed to conflict with
State or Federal laws requiring persons causing or responsible for
any release or threatened release of a hazardous material to engage
in remediation activities or pay the costs thereof, or both.