The purpose of this chapter is to provide for reimbursement
to the Borough for costs incurred in connection with actual, reported,
or suspected hazardous material incidents that occur within the Borough,
which the Mayor and Council finds cause public nuisances or that otherwise
cause the Borough and other entities to incur unexpected costs and
expenses in the protection of the public health, safety, and welfare,
of the residents of the Borough.
The following terms as used in this chapter will be construed
as follows:
EXPENDABLE ITEMS
Any items used to, in connection with any hazardous material
incident, including, but not limited to, extinguish any fire and or
to stop, control, or contain any leak or spill involving any hazardous
material, which cannot be reused or cannot be replenished without
cost after use in a hazardous material incident. These items include,
but are not restricted to, firefighting foam, chemical extinguishing
agents, absorbent material, sand, recovery drums, and specialized
protective equipment to include, but not restricted to, acid suits,
acid gloves, goggles, and protective clothing.
HAZARDOUS MATERIAL INCIDENT
Any actual, reported, or suspected fire, leakage, discharge,
spill, or exposure of any person or property to any hazardous materials
occurring in the Borough.
HAZARDOUS MATERIALS
Any material, solid, liquid, or gas, that is listed as a
hazardous substance or material, including, but not limited to, any
substances and materials listed under the National Fire Protection
(N.F.P.A.) Guide of Hazardous Materials, the Department of Transportation
Guide Book, and the list of Hazardous Substances and Toxic Pollutants
designated by the Federal Environmental Protection Agency and the
New Jersey Department of Environmental Protection.
VEHICLE
Any motorized equipment, registered or unregistered, including,
but not limited to, a passenger car, motorcycle, truck, tractor trailer,
construction equipment, farm machinery, watercraft, aircraft, fire
truck and apparatus, and railroad cars, engines, or equipment.
VESSEL
Any container, drum, box, cylinder, bottle, or tank used
to hold or contain or carry or store any hazardous material.
Costs incurred by the Borough for the following items used in connection with the response to, suppressing, control, or cleanup of any hazardous material incident will be reimbursed to the Borough by the responsible parties as defined in §
139-4 herein as follows:
A. The cost or replacement of expendable items.
B. The expenses incurred by the Borough for the wages (regular and/or
overtime) paid to its employees, officers, officials, and agents,
as a result of a hazardous material incident.
C. Any and all medical costs incurred by responding personnel.
D. Any and all environmental tests required to insure a hazard-free
environment (soil, water, or air).
E. A fixed hourly rate of $150 for the use of Borough vehicles and apparatus
responding to incidents, including, but not limited to, fire vehicles
and apparatus, police vehicles, ambulances, and Department of Public
Works vehicles.
F. All expenses for reimbursable items incurred by any mutual-aid responding
units.
G. Costs of services rendered by any recovery company, towing company,
or other technical assistance called for by the appropriate municipal
department or official to handle a hazardous material incident.
The following parties are deemed responsible parties who will reimburse the Borough for any reimbursable items, as set forth in §
139-3:
A. The owner or operator of any vehicle responsible for or suspected
of causing any hazardous material incident.
B. The owner or person responsible for any vessel containing hazardous
material involved in any hazardous material incident occurring on
public or private property, whether stationary or in transit, whether
accidental or through negligence.
C. The owner or person responsible for any property from which any leak
or spill of hazardous material emanates.
D. Any person responsible for any hazardous material incident on public
or private property.
Any responsible party as set forth in §
139-4 will reimburse the Borough and/or any mutual-aid units or the full price of any reimbursable items used in response to a hazardous material incident within 45 days after receipt of a bill from the Borough. All billing will include a 20% administrative fee.
All reimbursable items that the Borough recovers from responsible
parties pursuant to this chapter will be deposited into a dedicated
trust fund to be established by the Borough to fund the purchase of
replacement goods and equipment used in response to hazardous material
incidents.
In addition to any penalty provided in §
139-7, the Borough may take any actions that may be provided by law to recover from any responsible party or parties all costs of the reimbursable items incurred in response to a hazardous material incident. To the extent permitted by law, the Borough may recover its own attorney's fees and costs in any civil action filed pursuant to this chapter.