As used in this chapter, the following terms shall have the meanings
indicated:
DISCHARGE
Any intentional or unintentional action or omission resulting in
the releasing, spilling, leaking, dumping, pouring, emitting, emptying or
dumping of a hazardous substance into the air or waters or onto the lands
of the state or into the air or waters outside the jurisdiction of the state
when damage may result to the lands, waters, air or natural resources within
the jurisdiction of the state.
EXPENDABLE ITEMS
Any items used to extinguish any fire or stop or contain any discharge
involving any hazardous substance which cannot be reused or cannot be replenished
without cost after that particular fire or discharge. These include, but are
not restricted to, fire-fighting foam, chemical extinguishing agents, absorbent
material, sand recovery drums and specialized protective equipment, including
but not limited to acid suits, acid gloves, goggles and protective clothing.
HAZARDOUS SUBSTANCE
Any substance defined as such pursuant to the New Jersey Spill Compensation
and Control Act, P.L. 1976, c. 141 (N.J.S.A. 58:10-23.11b).
VEHICLE
Any motorized equipment, registered or unregistered, including but
not limited to passenger cars, motorcycles, trucks, tractor-trailers, construction
equipment and farm machinery.
VESSEL
Any container, drum, box, cylinder or tank used to hold or contain
or carry or store any hazardous substance.
Any person who has discharged a hazardous substance or is in any way
responsible for the discharge of a hazardous substance shall be strictly liable,
jointly and severally, without regard to fault, to the Borough of Closter
or a volunteer organization for all costs associated with the replacement
of damaged or lost equipment, expendable items and vessels and all costs associated
with the investigation, cleanup, abatement and removal of the hazardous substance
and shall be liable for the wages (regular and overtime) paid and the costs
of medical and hospital treatment for injuries incurred by any agent, servant
or employee of the Borough of Closter or any member of a volunteer organization.
Any person causing any hazardous substance to be discharged must provide
reimbursement for services rendered by any recovery company, towing company
or any other technical assistance called for by the Borough of Closter 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 incident commander in conjunction and cooperation
with the Bergen County Hazardous Materials Unit and until such time as arrangements
have been made to reimburse all parties entitled to reimbursement under the
terms of this chapter for their expenditures.
The person or entity responsible for any discharge of a hazardous substance
who or which fails to reimburse the borough within the time required shall
be subject to a fine of not less than fifty dollars ($50.) nor more than five
hundred dollars ($500.) per day or to imprisonment for a period of not more
than six (6) months, or both.