[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes by Ord. No. 1027 (Sec. 14A-1 of the 1988 Code). Amendments noted where applicable.]
Editor's Note: Ordinance No. 1027 provided that the provision of this chapter shall not be construed to limit the rights of third parties to seek reimbursement or recovery from any responsible person or entity for costs or damages incurred as a result of any leak, discharge, spill or release of materials on public or private property.
The purpose of this chapter is to assign to the transporter or owner of materials the responsibility for the cost of cleaning and clearing spills onto the roadways or property located in the Borough of Franklin Lakes.
The following described parties are responsible for all of the costs incurred by the Borough for the cleanup of materials dumped, spilled, discharged, released or leaked onto public or private property:
The owner, operator, lessee or other party responsible for any vehicle for any leak, discharge, spill or release of hazardous material, whether stationary or in transit, whether accidental or intentional.
The owner, operator, lessee or other party responsible for any vessel responsible for any leak, discharge, spill or release of hazardous material, whether stationary or in transit, whether accidental or intentional.
The owner, operator, lessee or other party responsible for any property from which any leak, discharge, spill or release of hazardous material emanates, whether public or private, whether accidental or intentional.
Any person or entity responsible for any leak, discharge, spill or release of any hazardous material on public or private property, whether accidental or intentional.
In the event there is a spill of any materials covered under this chapter within the Borough of Franklin Lakes, the generator, transporter, owner or the person or persons responsible therefor shall immediately notify the Borough of the spill and shall immediately, unless directed otherwise by the Borough, clean up or arrange for the cleanup of the spill. The cleanup shall be undertaken in accordance with all applicable federal and state regulations and procedures.
In the event the Borough determines that it is within the interest of the citizens of the Borough of Franklin Lakes that the Borough or its agents or contractors clean up a spill, the persons or entities responsible shall reimburse the Borough for all of the cost incurred for said cleanup, including but not limited to the following:
Any and all items or materials or equipment utilized to control contamination or to clean up the materials.
Any and all labor costs incurred by the Borough for actual labor and/or personnel used in connection with the cleanup or containment of any leak, discharge, spill or release of materials.
Any fees paid to attorneys to enforce this chapter and/or to collect said fees due under this chapter.
Any and all fees paid to engineers, contractors, agents or other individuals retained by or paid by the Borough in connection with the cleanup of materials.
Any and all medical costs incurred by personnel assisting in the cleanup of materials.
Any party responsible for costs as described herein shall reimburse the Borough of Franklin Lakes for the full amount of said costs within 45 days after a receipt of a bill for the costs.
Any responsible parties as described herein who fail to reimburse the Borough of Franklin Lakes for obligations described in this chapter within 45 days shall be subject to a fine of not less than $100 or more than $1,000 or imprisonment for a period of not more than 90 days, or both. Upon failure to reimburse the Borough for the cost of said items within the forty-five-day period, in addition to any penalties described herein, the Borough may take such action as may be provided by law to recover costs from the responsible party, including legal fees and any other costs of collection.