As used in this chapter, the following terms shall have the meanings
indicated:
COMPENSATION
A calculation of reimbursement costs for items, plus any and all
wages paid, plus an hourly rate for use of any and all equipment, plus any
and all administrative costs.
EMISSION
Spilling, leaking, flowing or running of substances into the environment,
without regard to cause, and shall include causes that are man-made, natural,
accidental, unavoidable or from any cause whatsoever.
ENVIRONMENT
The air, ground and waters in and adjoining the City of Long Branch.
EXPENDABLE ITEMS
Any items used to stop or contain any discharge involving any hazardous
material which cannot be used again 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 and
nonabsorbent materials, brooms, pads, pillows, rope, sand, recovery drums
and any protective equipment and clothing, including but not restricted to
chemical protective suits, chemical protective gloves, goggles and any other
item owned or controlled by the City of Long Branch, its employees, agents,
officers and/or officials.
HAZARDOUS MATERIAL
Any material, solid, liquid or gas, listed as such under the National
Fire Protection Association 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 the Congress of the EPA, pursuant to Section 307 of the Federal
Water Pollution Control Act, and any hospital or medical waste, including
but not limited to syringes, bandages and discarded pharmaceutical products
or any substance on the New Jersey Hazardous Substance List.
Whenever the City of Long Branch through the offices of the Health Officer,
Director of Police, Fire Chief(s), Fire Prevention Bureau, Mayor and/or Administrator
identifies an emission into the environment of the City of Long Branch of
any substance in such a manner so that, in the professional opinion of the
above, immediate cleanup and/or mitigation is required, the above shall order,
which order may be verbal, the responsible person to take immediate action
to abate the emission. Should the responsible person not be available, or
for whatever reason not take action as in the professional opinion of the
above agents of the City of Long Branch, then the agent of the City of Long
Branch may, at his discretion, engage City of Long Branch Personnel and/or
supplies and/or equipment and/or expendable items and/or contract in the name
of the City of Long Branch qualified private entities to take action to immediately
abate and/or clean up and/or mitigate the emission. The responsible person
should then be billed by the City of Long Branch for all costs incurred in
this action in response to the emission.
From and after the effective date of this chapter, any person, corporation,
partnership or other legal entity shall be required to reimburse the City
of Long Branch for any violation of the sections of this chapter.
This chapter shall apply to any hazardous spill that is the result of
any traffic accident arising in the City of Long Branch or any hazardous spill
arising from the discharge of hazardous materials from any automobile or equipment
on the streets of the City of Long Branch or any public property or the air
or waters continguous to the City of Long Branch from any source.
In the event that the Long Branch Police Department or Fire Department
or any Health Officer or Construction Code Official of the City of Long Branch
is called out to abate a spill or shall be asked to investigate any traffic
accident or is called upon to investigate any condition on the city streets
or sees any of the conditions set forth in this chapter, the appropriate officer
shall make an investigation of the scene to determine whether hazardous materials
have been spilled onto the roadways of the City of Long Branch or other public
or private property or water in the city or the air or waters continguous
to the City of Long Branch.