[Adopted 9-21-1998 by Ord. No. 14-1998]
As used in this chapter, the following definitions
shall apply:
EXPENDABLE ITEM
Any item which cannot be reused or replenished without cost
after it is used to extinguish a fire or to stop or contain a leak
or spill involving a hazardous material. Expendable items include,
but are not restricted to, fire-fighting foam, chemical extinguishing
agents, absorbent material, sand recovery drums, and specialized protective
equipment including acid suits, acid gloves, goggles and protective
clothing.
HAZARDOUS MATERIAL
Any material, solid, liquid or gas, listed as a hazardous
material in the National Fire Protection Association Guide of Hazardous
Materials or the Department of Transportation Guidebook or as so defined
by the New Jersey Department of Environmental Protection.
VEHICLE
Motorized equipment, registered or unregistered, including
but not limited to passenger automobiles, motorcycles, trucks, tractor-trailers,
construction equipment, marine vessels and farm machinery.
The following parties are liable to reimburse
the Township of Byram for the cost of any expendable item used in
the emergency response to or the cleanup of an incident involving
hazardous materials:
A. The owner and/or operator of any vehicle responsible
for a fire, leak or spill of hazardous material;
B. The owner and/or operator of any marine vessel containing
hazardous material, whether stationary or in transit, that is involved
in a fire, leak or spill on public property, through negligence or
intentional;
C. The owner and/or operator of any property from which
a leak or spill of hazardous material emanates, whether accidental,
intentional or negligent; and
D. Any person or entity responsible for a fire, leak
or spill of hazardous material on public or private property, whether
accidental, intentional or negligent.
[Amended 2-4-2008 by Ord. No. 2-2008]
Any person or entity responsible for a fire, leak or spill of hazardous material must provide reimbursement for the cost of services rendered by any recovery company, towing company or other assistance summoned by the Police Department, Fire Department or Emergency Management Coordinator to handle the incident. Such reimbursement shall include a minimum response fee as set forth in Chapter
A287, Fees.
Any person or entity responsible for a fire,
leak or spill of hazardous material shall reimburse the Township of
Byram within 30 days of receipt of a bill for the full price of any
expendable item used to extinguish a fire, to stop, control, contain
or clean up a leak or spill.
Any person or entity responsible for a fire,
leak or spill of hazardous material who fails to reimburse the Township
as required by this chapter within 30 days of receiving a bill shall
be subject to a fine of not less than $50 and not more than $100 per
day or by imprisonment for up to six months, or both. Each day shall
constitute a separate offense.