[1983 Code § 115-1]
As used in this article:
Any container, drum, box, cylinder or tank, whether wheeled
or not wheeled and whether movable or stationary, used to hold or
contain or carry or store any hazardous material.
All of the activities conducted in order to prevent or mitigate
injury to human health or to the environment from a release or threatened
release of any hazardous material into or upon the environment.
In general, those resources expended that are reasonable,
necessary and allocable to the emergency action. "Expended resources"
may include, but are not limited to:
Disposable materials and supplies acquired, consumed and expended
specifically for the purpose of the emergency action.
Compensation of employees for the time and efforts devoted specifically
to the emergency action.
Rental or leasing of equipment used specifically for the emergency
action, such as protective equipment or clothing and scientific and
technical equipment.
Replacement costs for equipment owned by the Borough that is
contaminated beyond reuse or repair if the equipment was a total loss
and the loss occurred during the emergency action, such as a self-contained
breathing apparatus irretrievably contaminated during the response.
Decontamination of equipment contaminated during the response.
Special technical services specifically required for the response,
such as costs associated with the time and efforts of technical experts
or specialists not otherwise provided for by the Borough.
Other special services specifically required for the emergency
action.
Laboratory costs of analyzing samples taken during the emergency
action.
Costs of cleanup, storage or disposal of the released material.
Costs associated with the services, supplies and equipment procured
for a specific evacuation.
Medical expenses incurred as a result of response activities.
Legal expenses that may be incurred as a result of the emergency
action, including efforts to recover expenses pursuant to this chapter.
Any material, solid, liquid or gas, classified as such by
any federal legislation or regulation, by any state legislation or
regulation or by any Borough ordinance.
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping or disposing into
or upon the environment, which causes danger or harm to the public
health or to the environment, including but not limited to the release
of any material classified as hazardous material by any federal legislation
or regulation, by any state legislation or regulation or by any Borough
ordinance.
Any imminent or impending event potentially causing but not
resulting in a release but causing the Borough to undertake any emergency
action.
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor-trailers,
construction equipment and farm machinery.
Every description of watercraft or other contrivance practically
capable of being used as a means of transportation of persons or material
upon the water, whether or not self-propelled.
[1983 Code § 115-2]
A.
This article provides for the reimbursement for or the replacement
of the specialized and sometimes nonreusable equipment required by
state and federal regulations to be made available in the Borough
in case of fire, release or threatened release involving any hazardous
material, as well as the reimbursement of all other costs for expended
resources.
B.
This article entitles the Borough of Pompton Lakes to reimbursement
for the cost of any expended resources used by the Borough or any
of its agencies in extinguishing any fire, stopping or containing
any release of hazardous material and, in general, taking any emergency
action.
[1983 Code § 115-3]
Reimbursements to the Borough for the costs of any expended
resources shall be made by the following parties jointly and severally:
A.
The owner or operator of any vehicle responsible for or contributing
to any fire, release or threatened release of hazardous material.
B.
The owner or person responsible for any vessel containing hazardous
material involved in or contributing to any fire, release or threatened
release on public or private property, whether stationary or in transit,
whether accidental, through negligence or intentional.
C.
The owner or person responsible for any property from which any release
or threatened release of hazardous material emanates, whether accidental,
through negligence or intentional.
D.
Any person responsible for or contributing to any fire or release
or threatened release of hazardous material on public or private property,
whether accidental, through negligence or intentional.
[1983 Code § 115-4]
Any person or company responsible for or contributing to any
fire or release or threatened release involving a hazardous material
must provide reimbursement directly to the Borough for services rendered
by any recovery company, towing company or other technical assistance
called for by the Borough to handle such incident.
[1983 Code § 115-5]
Any person, owner or company responsible for or contributing
to any fire or release or threatened release of hazardous material
shall reimburse the Borough of Pompton Lakes for the full price of
any expended resources used to extinguish such a fire or take an emergency
action for any release or threatened release within a period of 45
days after receipt of a bill for such items from the Borough of Pompton
Lakes.
[1983 Code § 115-6]
In the event that any person, owner or company responsible for or contributing to any fire, release or threatened release of hazardous material fails to reimburse the Borough of Pompton Lakes within the time set forth in this chapter, he shall pay a late charge of 1% per day on the total amount of the reimbursement due or $25 per day, whichever is greater, from the 45th day following delivery of the bill, as set forth in subsection 9-3.5, until payment of the bill. The purpose of this late charge is to defray the administrative costs to the Borough in collection of the bill and in funding and financing the amount of the bill pending receipt.
[1983 Code § 115-7]
This article shall be construed as supplementary to and not
in conflict with or in substitution for or in conflict with any state
or federal law, regulation or orders requiring persons causing or
the responsibility for any release or threatened release of hazardous
materials from engaging in remediation activities or paying the cost
thereof or both. Nothing in this article shall be construed to create
an obligation on the part of the Borough of Pompton Lakes to clean
up, store or dispose of any released materials, nor shall this article
be construed to release any party from any obligation pursuant to
any federal or state law, regulation or order, nor shall this article
be construed to prevent, supersede or exclude the right of the Borough
of Pompton Lakes to recover pursuant to any state or federal law,
regulation or order, including but not limited to the Comprehensive
Environmental Response Compensation and Liability Act of 1980, P.L.
96-510, and the New Jersey Spill Compensation and Control Act of 1977,
N.J.S.A. 58:10-23.11 et seq.
[1983 Code § 115-8]
All ordinances or parts of ordinances inconsistent with the
provisions of this article are repealed to the extent of such inconsistency
only.
[1983 Code § 115-9]
If any subsection or provision of this section hereof shall
be adjudged invalid, such determination shall not affect the other
provisions hereof, which shall remain in full force and effect to
the extent of such conflict or inconsistency provided not otherwise
required by law.
[1983 Code § 115-10]
This chapter shall take effect upon final passage and publication
as provided by law.
