[HISTORY: Adopted by the Mayor and Council of the Borough of Montvale 5-12-1998 by Ord. No. 98-1092 (Ch. 49 of the 1966 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
EXPENDABLE ITEMS
Any items used to extinguish any fire and/or stop or control 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 limited 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.
HAZARDOUS MATERIALS
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 the National Fire Protection Association (NFPA) 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.
VEHICLE
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.
VESSEL
Any container, drum, box, cylinder, bottle or tank used to hold, contain, carry or store any hazardous material.
Costs incurred by the Borough and/or other mutual aid responding units for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material shall be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in § 224-3 below:
A. 
The cost of replacement of expendable items.
B. 
The expenses incurred by the Borough for the wages (regular and/or overtime) paid to its employees/agents as a result of a hazardous material incident.
C. 
Any and all medical costs incurred by responding personnel.
D. 
Any and all environmental tests required to ensure a hazard-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 the use of specialized equipment and/or vehicles and $150 per hour for the use of any other equipment and/or vehicles of the Borough.
F. 
All expenses incurred by other mutual aid responding units.
G. 
Services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department or Emergency Management Coordinator to handle such incidents.
Reimbursement to the Borough for any reimbursable items, as set forth above, 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 material involved in any fire, leak or spill on public or private property, whether stationary or in transit, or 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, leak or spill of hazardous material on public or private property.
Any responsible party shall reimburse the Borough for the full price of any reimbursable items used to extinguish such a fire, stop 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any responsible party who fails to reimburse the Borough for reimbursable items within 45 days shall be subject to the penalties set forth in Chapter 1, Article I, General Penalty. Upon the failure to reimburse the Borough for the cost of such items within said forty-five-day period, and in addition to any penalty provided for herein, the Borough may take such action as may be provided by law to recover such costs from the responsible party.
If any section, subsection, paragraph, subdivision, sentence, clause, phrase or provision of this chapter shall for any reason be held unconstitutional or invalid, such adjudication shall apply only to the section, subsection, paragraph, subdivision, sentence, clause, phrase or provision so adjudged, and the remainder of the chapter shall be deemed valid and effective.
This chapter shall take effect immediately after passage and publication as provided by law.