[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach by Ord. No. 1995-11 (Ch. XXVIII of the 1974 Code). Amendments noted where applicable.]
This chapter is enacted pursuant to N.J.S.A. 40:42-1 et seq., the Home Rule Act, which directs municipalities to act to provide for the health, welfare and safety of its citizens.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes the Borough of Bradley Beach's employees, agents, officers, officials and supporting units as directed by the Office of Emergency Management.
- COLLECTING AGENCY
- The Borough of Bradley Beach.
- Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous substances into any waters which flow within the jurisdiction of this Borough or any land within the jurisdiction of this Borough.
- EXPENDABLE ITEMS
- Any items used to extinguish or prevent any hazardous material fire, or stop or contain any leak release or spill involving any hazardous material, which cannot be reused or cannot be replenished without cost after that particular incident. These expendable items include, but are not limited to, fire-fighting foam, chemical extinguishing agents, absorbent materials, sand, recovery drums, and any protective equipment and clothing to include, but not restricted to, chemical protective suits, chemical protective gloves, goggles, and any other item owned or controlled by the Borough of Bradley Beach.
- HAZARDOUS MATERIALS
- Any material, solid, liquid or gas, listed as such under the NFPA Guide of Hazardous Materials, the Department of Transportation Guide Book, the list of hazardous substances adopted by the Federal Environmental Protection Agency (EPA), pursuant to Section 311 of the Federal Water Pollution Control Act Amendment of 1972, as amended by the Clean Water Act of 1977 (33 U.S.C. 1251 et seq.), and the list of toxic pollutants designated by Congress or the EPA, pursuant to Section 307 of the Federal Water Pollution Control Act, any hospital or medical waste, including but not limited to syringes, bandages and discarded pharmaceutical products, and any material warranting removal or cleanup in the opinion of the Bradley Beach Borough Office of Emergency Management.
- Any motorized equipment, registered or unregistered, including, but not limited to, a passenger car, motorcycle, truck, tractor-trailer, construction equipment, farm machinery, watercraft, aircraft and trains.
- Any container, drum, box cylinder or tank used to hold or contain or carry or store any hazardous materials, whether or not said container was manufactured for the containment of a hazardous material.
This chapter provides for the reimbursement for, or the replacement of, any and all equipment utilized by the Borough of Bradley Beach, for costs expended, without regard to ownership, for the purpose of mitigating, controlling, or containing any incident in which a hazardous material is involved in a fire, leak, release or spill, or where the potential thereof exists, or for the prevention of same.
This chapter also provides for the reimbursement for the expenses incurred by the Borough of Bradley Beach for the wages (regular or overtime) paid to its employees, agents, or servants as a result of an incident involving a hazardous material, fire, leak, release, or spill of a hazardous material and for the costs of medical and hospital treatment for injuries incurred by agents, servants and employees of the Borough of Bradley Beach.
This chapter also provides for a penalty for the violation of this chapter for either committing a spill or for failure to report the same.
The discharge of hazardous substances is prohibited. This subsection shall not apply to discharge of hazardous substances pursuant to and in compliance with the conditions of a federal or state permit.
Any person who may be subject to liability for a discharge or becomes aware of a discharge which occurred prior to or after the effective date of this chapter shall immediately notify the Borough of Bradley Beach, Office of Emergency Management at 776-2999 or 775-6900.
Whenever any hazardous substance is discharged, the Borough may, in its discretion, act to remove or arrange for the removal of such discharge.
Any person who has discharged a hazardous substance, or who has failed to report a discharge or who is in any way responsible for any hazardous substance which has been or shall be removed by the Borough, shall be strictly liable, jointly and severally, without regard to fault, for all cleanup and removal costs and shall be liable for the wages (regular and overtime) paid and the costs of medical and hospital treatment for injuries incurred by the agents, servants and employees of the Borough.
Reimbursement to the Borough for expendable items used shall be made by the owner or operator of the vehicle responsible for the hazardous material fire, leak or spill of hazardous material; the owner or person responsible for the vessel containing the hazardous material involved in such fire, leak or spill on public or private property, whether stationary or in transit and whether accidental or through negligence; the owner or person responsible for any property from which any leak or spill of hazardous material emanates, whether accidental or through negligence; and the person responsible for the hazardous material fire, leak or spill of hazardous material emanates, whether accidental or through negligence and the person responsible for the hazardous material fire, leak or spill of hazardous material on public or private property, whether accidental or through negligence.
Any person causing any hazardous material fire, leak, spill or release involving a hazardous material must provide reimbursement for services rendered by any recovery company, towing company or any other technical assistance called for by the Borough to handle such incident. In the event of a vehicle having been responsible for an incident, such vehicle shall be impounded until such time as it has been deemed safe to proceed by the responsible official in conjunction and cooperation with the Borough of Bradley Beach, and until such time as arrangements have been made to reimburse the Borough and the towing company for their expenditures under the terms of this chapter.
The person or entity responsible for any fire, leak or spill of hazardous materials shall reimburse the Borough the full price of expendable items and costs used to extinguish such fire, or to stop or contain such leak, or to control such spill, within 45 days after receipt of a bill therefor. The collecting agency shall utilize its best efforts to collect costs hereunder and shall reimburse its agents or the local units of amounts collected. In the event that the collecting agency is not able to collect said costs or only a portion thereof, the collecting agency shall not be responsible to its agents or the local units for the full amount of same.
The person or entity responsible for any fire, leak or spill of hazardous material who fails to reimburse the Borough within the time required shall be subject to a fine of not less than $100 nor more than the maximum penalty included in Chapter 1, Article II, General Penalty, per day. The person or entity responsible for committing a spill, or who fails to report same, will be liable for the same penalties as aforesaid stated.