[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 4-11-1988
by Ord. No. 20-88. Amendments noted where applicable.]
The purpose of this chapter is to provide for reimbursement for the
cost of the specialized and sometimes nonreusable equipment which is required
by state and federal regulations to be made available in the Borough in case
of fire, leakage or spillage involving any hazardous material. The provisions
of this chapter entitle the Borough of Madison 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.
As used in this chapter, 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 limited to, fire-fighting foam, chemical extinguishing
agents, absorbent material, sand, recovery drums and specialized protective
equipment, including but not limited to acid suits, acid gloves, goggles,
protective clothing, turnout equipment, station and dress uniforms and personal
effects.
Any material, solid, liquid or gas, listed as such under the National
Fire Protection Association Guide of Hazardous Materials or the Department
of Transportation Guide Book.
Any motorized equipment, registered or unregistered, including but
not limited to passenger cars, motorcycles, trucks, tractor trailers, construction
equipment, farm machinery, planes and boats.
Any container, drum, box cylinder or tank used to hold, contain,
carry or store any hazardous material.
A.
Reimbursement shall be paid by the following parties
to the Borough of Madison for expendable items used in connection with extinguishing
any fire, stopping or containing any leak or controlling any spill of hazardous
material:
(1)
The owner or operator of any vehicle responsible for
any fire, leak or spill of hazardous material.
(2)
The owner or person responsible for any vessel containing
hazardous material involved in any fire, leak or spill on public or private
property, whether stationery or in transit, whether accidental or through
negligence.
(3)
The owner or person responsible for any property from
which any leak or spill of hazardous material emanates, whether accidental
or through negligence.
(4)
Any person responsible for any fire, leak or spill of
hazardous material on public or private property, whether accidental or through
negligence.
B.
Any person listed in Subsection A shall also provide reimbursement for services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department or Office of Emergency Management to handle such hazardous materials incident. The amount of said reimbursement shall be in accordance with a schedule of reasonable charges annexed hereto and incorporated herein by reference.
C.
Any reimbursement required to be paid under this section
shall be paid within 45 days after receipt of a bill from the Borough for
said reimbursement
[Amended 4-11-1994 by Ord. No. 5-94; 8-14-2000
by Ord. No. 35-2000; 5-8-2006 by Ord.
No. 19-2006]
Any person, firm, corporation or other organization found guilty of
violating any provision of this chapter shall, upon conviction thereof, be
punishable by one or more of the following in the discretion of the Judge:
a fine of not to exceed $2,000; or by imprisonment for a term not exceeding
90 days; or by a period of community service not exceeding 90 days. In the
event that a fine is imposed, pursuant to this section, such fine shall be
no less than $100.
If any section, sentence or part of this chapter is adjudged unconstitutional
or invalid, such judgment shall not affect, impair or invalidate the remainder
of this chapter.
