[HISTORY: Adopted by the Village Council of the Village of Ridgewood as indicated in article histories. Amendments noted where applicable.]
Article I Cleanup of Discharges
[Adopted 12-9-1986 by Ord. No. 2072]
The Fire Department is hereby authorized and directed to clean up and remove any discharge of hazardous substances which occurs within the Village of Ridgewood and, when authorized by agreement between the Village and any other governing body or as directed by the Village Manager or the Director of the Department of Fire, to clean up and remove discharges of hazardous substances outside of the boundaries of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
- CLEANUP AND REMOVAL COSTS
- All costs associated with a discharge of hazardous substances incurred by the Village or its authorized agents in the removal or attempted removal of hazardous substances; or in the taking of reasonable measures to prevent or mitigate damage to public health, safety or welfare, including but not limited to public and private property, surface waters, subsurface waters, water columns and bottom sediments, soils and other affected property, including wildlife and other natural resources.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances into the waters, onto the lands or into the air, which may or does cause damage or results in damage to the lands, waters, air or natural resources.
- HAZARDOUS SUBSTANCES
- Such elements and compounds, including petroleum products, which are defined as such by the Department of Environmental Protection of the State of New Jersey or as are defined in the National Fire Protection Association (NFPA) Guide of Hazardous Materials or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency or as are defined on the list of toxic pollutants designated by Congress or the Environmental Protection Agency; provided, however, that sewage and sewage sludge shall not be considered as "hazardous substances" for the purpose of this article.
- Public or private corporations, companies, associations, societies, firms, partnerships, joint-stock companies, individuals or any other entity.
- Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substantives or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
Any person who causes, by act or omission, or is otherwise responsible for the discharge of hazardous substances which requires cleanup or abatement by the Fire Department shall be liable for the payment of all costs incurred by the Fire Department as a result of such cleanup or abatement activity. The owner of real or personal property from which a discharge of hazardous substances occurs is responsible for the cost of cleanup or abatement. The remedy provided by this article shall be in addition to any other remedies provided by law.
For the purposes of this article, costs incurred by the Fire Department shall include but shall not necessarily be limited to the following: actual labor costs of Fire Department personnel, including workers' compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials.
The cost of materials to be reimbursed to the Department of Fire shall include, without limitation, fire-fighting foam, chemical extinguishing agents, absorbent material, sand recovery drums and specialized protective equipment including acid suits, acid gloves, goggles and protective clothing.