[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.
DISCHARGE
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.
PERSON
Public or private corporations, companies, associations, societies,
firms, partnerships, joint-stock companies, individuals or any other entity.
PETROLEUM
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.