[HISTORY: 1968 Code Chapter 37A §§ 37A-1 —
37A-7 as amended through 12-28-2015. Amendments noted where applicable.]
As used in this ordinance, the following terms shall have the
meanings indicated:
Any items used to extinguish any fire or stop or contain any leak 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, 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. (See Chapter 37A Appendix)
Any material solid, liquid or gas listed as such under National
Fire Protection Association Guide of Hazardous Materials or Department
of Transportation Guide Book.
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 or
contain or carry or store any hazardous material.
A.
This ordinance provides for the replacement or reimbursement of the
specialized and sometimes nonreusable 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 ordinance entitles the Borough of Wildwood Crest 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.
[New]
Reimbursement to the Borough of Wildwood Crest for any expendable
items used shall be made by the following parties:
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
materials 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.
D.
Any person responsible for any fire, leak or spill of hazardous materials
on public or private property, whether accidental or through negligence.
Reimbursement costs shall be at the current Borough cost for
expendable items.
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 Borough of Wildwood Crest to handle such
incident.
Any person, owner or company responsible for any fire, leak
or spill of hazardous materials shall reimburse the Borough of Wildwood
Crest 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 Wildwood Crest.
[New]
Any person, owner or company responsible for any fire, leak
or spill of hazardous materials who fails to reimburse the Borough
of Wildwood Crest within the time set forth in this ordinance shall
be subject to a penalty of not less than $50 nor more than $2,000
per day or to imprisonment for a period of not more than 90 days,
or both.
All reimbursements collected for hazardous material incidents
shall be placed into the Borough of Wildwood Crest's operation
and equipment budget. A record of all such funds shall be maintained
by the Borough of Wildwood Crest.
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See attachment for Appendix to Chapter 37A Expendable Items
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